(RTTNews) -  Drug maker Merck & Co. Inc. (MRK: News ) said Monday that it won a summary judgment in the second federal bellwether case involving its osteoporosis treatment Fosamax. The company said U.S. District Court Judge John Keenan granted summary judgment in its favor in Flemings v. Merck, which is the second of three cases involving Fosamax 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 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, or ONJ.

"It is clear that Dr. Rose's opinion is derived from a 'subjective belief' rather than from scientific knowledge and methodologies. Dr. Rose is not qualified as an expert under Rule 702 and his opinion is inadmissible under Daubert. Plaintiff has offered no other evidence to establish that Fosamax caused her to develop ONJ, and therefore her failure to warn claim is insufficient as a matter of law," wrote Judge Keenan.

Merck is represented in the Flemings case by Venable LLP and Hughes Hubbard & Reed LLP.

Paul Strain of Venable LLP said, "We are pleased that the Court agreed with us that Ms. Flemings did not present any reliable evidence supporting her claim that Fosamax caused her to suffer ONJ. Unfortunately, Ms. Flemings had medical problems that cause people to develop jaw problems regardless of whether they were taking Fosamax."
As of September 30, about 953 cases, which include nearly 1334 plaintiff groups, had been filed and were pending against Merck in either federal or state court.

The company had said earlier in the day that it received a favorable ruling in a district court in Texas, where the judge dismissed all claims in a lawsuit related to its anti-inflammatory drug Vioxx filed on behalf of the State of Texas.

MRK closed Monday's regular trade at $36.42, down $0.04 or 0.11%, on 22.75 million shares.

To receive FREE breaking news email alerts for Merck & Co Inc. and others in your portfolio

by RTT Staff Writer

For comments and feedback: contact editorial@rttnews.com