Judge Allows Plaintiff to Dismiss Bellwether Fosamax Case

NEW YORK - A federal judge has allowed a plaintiff to voluntarily dismiss her bellwether Fosamax case, despite Merck's attempt to keep it active so that the court could decide a critical causation issue the defendant says could affect thousands of additional claims. Greene v. Merck & Co. Inc., No. 06-5088 (S.D. N.Y.).

Judge John F. Keenan of the U.S. District Court for the Southern District of New York ruled Dec. 9 that Karen Greene had good reason to move for dismissal of her case without prejudice because she learned in May that her treating doctor would testify that her …