A federal judge in New Jersey has dismissed on summary judgment a bellwether case against Merck & Co. in the mass litigation over Fosamax, an osteoporosis treatment that can lead to femur fractures.
U.S. District Judge Joel Pisano on Tuesday found that plaintiff Barbara Gaynor’s claims fail because she took the drug after Merck revised its labeling in 2010 to fully convey the potential for fractures, and she did not set forth sufficient evidence that Merck did not give her doctor adequate notice.
