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IN RE FOSAMAX PRODUCTS LIABILITY LITIGATION

No. 1:06-MD-1789-JFK.

647 F.Supp.2d 265 (2009)

In re FOSAMAX PRODUCTS LIABILITY LITIGATION. This Document Relates to: Shirley Boles v. Merck & Co., Inc. Case No. 1:06-cv-09455-JFK.

United States District Court, S.D. New York.

August 5, 2009.

Attorney(s) appearing for the Case

Timothy M. O'Brien, Esq., Levan Papantonio Thomas Mitchell, Echsner & Proctor, P.A., for the Plaintiff.

Norman C. Kleinberg, Esq., Theodore V.H. Mayer, Esq., William J. Beausoleil, Esq., Hughes Hubbard & Reed LLP, Paul F. Strain, Esq., M. King Hill, III, Esq., David J. Heubeck, Esq., Venable LLP, for Defendant Merck & Co, Inc.

OPINION & ORDER

JOHN F. KEENAN, District Judge1:

Before the Court is Defendant Merck & Co., Inc.'s ("Merck") motion for summary judgment against Plaintiff Shirley Boles ("Boles"). This case is the first of three bellwether trials in a multi-district products liability litigation concerning the osteoporosis drug Fosamax. For the reasons set forth below, the motion is granted in part and denied in part.

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