Quoted from http://www.bloomberg.com/apps/news?pid=20601127&sid=a96.rJ9Ovgmg#
Merck Loses Dismissal Bid in Third Fosamax Case
By Thom Weidlich
Jan. 28 (Bloomberg) -- Merck & Co. lost its bid to dismiss the third case scheduled for trial over claims its osteoporosis drug Fosamax caused so-called jaw death.
The claim of the plaintiff, Louise Maley, “does not fail as a matter of law from a lack of evidence of exposed necrotic bone,” U.S. District Judge John Keenan in Manhattan wrote in a ruling entered into the case docket today. “Specific causation remains a material issue of fact for the jury.”
A trial is scheduled for April 19. Maley, of Muncie, Indiana, said she developed osteonecrosis of the jaw, or ONJ, by taking Fosamax, according to her complaint filed in May 2006.
On Nov. 23, Keenan, who’s overseeing the federal Fosamax litigation, ruled that Bessie Flemings, a Mississippi resident, couldn’t establish that the drug caused her ONJ and dismissed the case, which was set to be tried this month.
On Sept. 11, the judge declared a mistrial in the first Fosamax case to go to a jury over claims that Merck failed to warn doctors and patients that the drug might hamper blood flow to the jaw, causing jawbone-tissue death. The jury in that case couldn’t reach a unanimous verdict.
“The evidence will show that Fosamax did not cause Louise Maley to develop jaw-related problems as she claims and that Merck provided appropriate and timely information about Fosamax to the medical, scientific and regulatory communities,” Ronald Rogers, a company spokesman, said in an e-mailed statement today.
Keenan declined to grant Merck’s request for a so-called summary judgment on Maley’s claim that the drugmaker failed to warn about Fosamax’s dangers. She didn’t contest Merck’s dismissal request on her strict-liability and warranty claims, and the judge tossed those.