Fosamax MDL Judge Says Fracture Claim Timely Under ‘Relation Back’ Doctrine

NEW YORK - A New York federal judge has allowed a Fosamax plaintiff to add to her complaint against Merck & Co. (NYSE: MRK) an allegation that Fosamax caused her to suffer a femur fracture, ruling that the claim is not time-barred under the “relation back” doctrine.

However, in the Jan. 24 order, Judge John F. Keenan of the U.S. District Court for the Southern District of New York denied the plaintiff’s request to add a claim for punitive damages, noting that the multidistrict litigation court has already determined that Merck's actions were neither willful nor wanting in care.

Nancy …