US District Judge John Keenan limited a bellwether lawsuit against Merck & Co. over claims that its osteoporosis drug Fosamax causes osteonecrosis of the jaw (ONJ), as reported in the Chicago Tribune.

Keenan ruled there was no evidence that the plaintiff's prescribing doctor would have told her to stop using Fosamax in 2004 and 2005, at the time of her alleged injury, had Merck included a warning on its label.

The judge also said punitive damages were inappropriate because no reasonable jury could conclude that Merck breached any legal duty intentionally or with a "conscious disregard or indifference" to its customers' health.

The lawsuit is the fourth bellwether case over Fosamax, and Merck has said it faced roughly 1,650 Fosamax-related cases in various courts as of June 30.

(Ref: Chicago Tribune)