Merck Denied Summary Judgment in N.J. Fosamax Case; Trial Commences

TRENTON, N.J. - A New Jersey federal judge has denied Merck & Co. (NYSE: MRK) summary judgment on claims that it failed to warn doctors that Fosamax can cause femur fractures, finding a question of fact as to whether this alleged failure to warn was a proximate cause of the plaintiff’s injuries.

On April 11, Judge Joel Pisano of the U.S. District Court for the District of New Jersey also denied Merck summary judgment on the plaintiff’s breach of implied warranty claim, finding it is unclear exactly what implied warranty, if any, the drug maker communicated to the prescribing doctors.