Merck Loses Fosamax Trial Verdict
In a court room upset, Merck & Co. Inc. lost its second Fosamax lawsuit to a New York resident who claimed she suffered jaw injury due to the side effects of the osteoporosis drug.
Reuters reports that the jury awarded the plaintiff $285,000 in the case, which was originally filed in 2008 in U.S District Court in Manhattan. The lawsuit alleged the plaintiff suffered delayed healing and a bone disease of the jaw following dental work because of the company’s failure to warn against the drug’s potential side effects.
The jury, however, split the verdict and dismissed the plaintiff’s allegation that Fosamax was a defective product, according to Reuters.
In a statement, Merck said it disagreed with the jury’s verdict on the failure-to-warn claim and said the company had provided appropriate warning.
The case marks just the second loss for the drug maker out of the seven Fosamax lawsuits to proceed to trial. There are more than 4,000 cases against the company pending in federal and state courts.
The lawsuit was one of the 975 cases pending before a U.S. District Judge in New York after a judicial panel consolidated jaw-related Fosamax injury cases, according to Reuters. In addition, there are 842 lawsuits alleging femur injuries due to the drug that are pending in the U.S. District Court in New Jersey.
The Food and Drug Administration has warned that Fosamax and its generic form, Alendronate, may cause osteonecrosis of the jaw and bone fractures.