2nd Cir. Upholds Dismissal of Fosamax Case for Lack of Prosecution

NEW YORK — A district court properly dismissed for failure to prosecute a Fosamax case in which the plaintiff admitted that she is unable to appear for trial, the 2nd Circuit U.S. Court of Appeals has ruled, finding there were no other realistic sanctions available.

In a May 29 order, the appellate court found the dismissal was “inevitable” given the chain of events, including the plaintiff’s confirmation that she could not appear for trial.

Sarah Raber sued Merck & Co. in 2006, alleging her ingestion of Fosamax for osteoporosis caused her to develop osteonecrosis of the jaw. In October …