N.Y. Judge Upholds Plaintiff’s Failure-To-Warn Verdict in Fosamax Case

NEW YORK — A New York federal judge has denied Merck & Co. Inc. (NYSE: MRK) judgment as a matter of law on a plaintiff’s failure-to-warn claim in a Fosamax case, finding a reasonable juror could deduce from the evidence that the drug’s label inadequately warned of osteonecrosis of the jaw.

On July 1, Judge John F. Keenan of the U.S. District Court for the Southern District of New York upheld the jury’s award of $285,000 in favor of plaintiff Rhoda Scheinberg.

This was the 5th case selected for trial as a bellwether in the In re Fosamax Products Liability …