A federal court jury in New York has found in favor of Merck in the second trial involving the pharmaceutical company's Fosamax bisphosphonate drug. The jury unanimously rejected the claims of a plaintiff who blamed her dental and jaw-related problems on her Fosamax use, according to the company.
The plaintiff, Louise Maley, an Indiana woman who used Fosamax for nearly eight years, claimed that she suffered osteonecrosis of the jaw and dental problems as a result of long-term use of the medication.
Merck presented evidence that it acted appropriately in researching and developing Fosamax, and in monitoring the medicine after it was placed on the market. The company's clinical trials have involved more than 28,000 patients, including more than 17,000 treated with Fosamax, according to Merck.
"We believe the company acted properly," said Christy Jones of law firm Butler, Snow, O'Mara, Stevens and Cannada, outside counsel for Merck. "Unfortunately, the plaintiff had multiple medical conditions that cause people to develop the jaw and dental problems she claims she has, regardless of whether they were taking Fosamax."
This is the second Fosamax case to go to trial. The first, Boles v. Merck, resulted in a mistrial after the eight-person jury could not reach a unanimous verdict. The case is set to be retried in June.
As of December 31, 2009, approximately 978 cases, which include approximately 1,356 plaintiff groups, had been filed and were pending against Merck in either federal or state court.
In 2009, a Montana jury awarded $3.2 million to a woman who claimed the drug Zometa, manufactured by Novartis Pharmaceuticals, was to blame for her osteonecrosis of the jaw.
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