District Court Again Finds Many Claims Against Manufacturer of Fosamax Misjoined

A second attempt by a number of Fosamax plaintiffs to join their personal injury claims in a single suit against the osteoporosis drug’s maker fared no better than their first, as a federal trial court in New Jersey Aug. 8 said although the complaint had fewer plaintiffs, they still were misjoined (Fosamax (Alendronate Sodium) Products Liability Litigation (No. II), In re, D.N.J., 3:08-cv-00008-GEB-LHG, 8/8/12).

In 2011, some 91 plaintiffs from 28 states filed a complaint in Missouri state court against Fosamax manufacturer Merck & Co. The suit was removed to federal court in Missouri and then transferred ...