UPDATE:Judge Dismisses Second Bellwether Case Involving Fosamax

A federal judge has dismissed the second of three so-called "bellwether" cases over Merck & Co.'s (MRK) osteoporosis drug Fosamax.

In an order Monday, U.S. District Judge John F. Keenan in Manhattan granted Merck's request for summary judgment in a product-liability case brought by Bessie Flemings, a 74-year-old Mississippi woman who claims she developed a severe jaw condition, known as osteonecrosis, as result of taking Fosamax.

Robert Germany, Flemings's lawyer, said he expects they will appeal the judge's ruling. "This particular ruling should have no impact on any other cases," Germany said. "It is specific to the Flemings case."

The Flemings case had been set for trial in January.

"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 (osteonecrosis)," said Paul Strain, a lawyer for Merck. "Unfortunately, Ms. Flemings had medical problems that cause people to develop jaw problems regardless of whether they were taking Fosamax."

In September, the judge declared a mistrial in the first of three bellwether cases to go to trial involving Fosamax after the jury failed to reach a verdict amid tense deliberations.

One juror had claimed in a note at the time to have been the subject of physical threats by another juror during deliberations and that a chair was thrown in the jury room.

A retrial date hasn't been set in that case, which was brought by Shirley Boles, a 71-year-old Florida woman.

Merck is facing about 950 cases in state and federal courts generally alleging that use of Fosamax can cause the jaw-destroying condition osteonecrosis, and that Merck failed to properly warn of this risk.

Much of the litigation is being coordinated before Judge Keenan.

Osteonecrosis is a condition where the bone dies and can eventually fracture. It can lead to exposed bone in the jaw.

Merck has set aside more than $100 million over the past few years to cover legal-defense costs for Fosamax, but hasn't yet created a reserve to cover potential liability.

However, Merck's ultimate Fosamax liability is unlikely to approach the size of the $4.85 billion settlement to which Merck agreed in 2007 to resolve personal-injury litigation over its former Vioxx pain drug--which was linked to increased risk for heart attacks--partly because there are far fewer Fosamax lawsuits.

Fosamax was once one of Merck's best-selling drugs--generating more than $3 billion in annual sales--but it lost U.S. patent protection in 2008, exposing it to cheaper generic competition, which has reduced sales of the branded drug substantially.

-By Chad Bray, Dow Jones Newswires; 212-227-2017; chad.bray@dowjones.com