Saturday, November 28, 2009

Merck Wins Summary Judgment involving Fosamax (alendronate sodium)

The U.S. District Court Judge John F. Keenan granted summary judgment in Merck's favor in Flemings v. Merck.Flemings is the second of three cases involving FOSAMAX (alendronate sodium) designated by the federal MDL court as a bellwether trial case. In granting summary judgment in Flemings and dismissing all of the plaintiff's claims, Judge Keenan ruled that the physician relied upon by Ms. Flemings (Dr. Rose) was unqualified to render an opinion and that Ms. Flemings failed to present sufficient evidence to support her contention that FOSAMAX caused her to sustain osteonecrosis of the jaw (ONJ).

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