Merck has come out on top in the latest Fosamax/osteonecrosis of the jaw (ONJ) lawsuit. On November 19, a federal court jury in New York rejected the claims of a Florida woman who blamed her dental and jaw-related problems on her use of the bisphosphonate Fosamax, which is prescribed for osteoporosis.
Merck has now won three of the first four bellwether cases in the Fosamax litigation, the company stated in a press release.
"We believe the evidence showed the company acted properly and that Fosamax did not cause the plaintiff's dental and jaw problems," said Mike Brock of Covington & Burling, outside counsel for Merck. "Unfortunately, the plaintiff had multiple medical conditions that can cause people to develop jaw and dental problems, regardless of whether they were taking Fosamax."
The plaintiff, Judith Graves, testified that she used Fosamax from 2001 to 2004 and that she suffered various jaw problems and complications following a tooth extraction in March 2003, including several surgeries to treat her condition.
At trial, Merck presented evidence that it acted responsibly in researching and developing Fosamax and in monitoring the medicine since it has been on the market. The company's clinical trials, conducted both before and following approval, have involved more than 28,000 patients, including more than 17,000 treated with Fosamax.
This is the third Fosamax case to go to trial and the second one the company has won. The first case, Maley v. Merck, resulted in a defense verdict for Merck in May 2010. The second, Boles v. Merck, initially resulted in a mistrial in September 2009; a retrial in June 2010 resulted in a plaintiff verdict and a jury award of $8 million, which has since been reduced to $1.5 million. Merck and the plaintiff are both appealing that case.
As of September 30, 2010, approximately 1,180 Fosamax/ONJ cases, which include approximately 1,560 plaintiff groups, had been filed and were pending against Merck in either federal or state court.
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