N.Y. Judge Grants Fosamax Plaintiff Leave to Amend; Denies Merck’s Request for Dismissal

NEW YORK — A New York federal judge has allowed a plaintiff to amend her complaint against Merck & Co. (NYSE: MRK) to clarify that she filed suit on behalf of her mother, who was allegedly injured by Fosamax.

On July 17, Judge John F. Keenan of the U.S. District Court for the Southern District of New York ruled that Merck had not been prejudiced by the plaintiff’s failure to timely provide a Plaintiff Profile Form; therefore dismissal of the action is not warranted.

Vicki Averitt sued Merck in January 2010 in connection with its osteoporosis drug Fosamax. Merck moved …