Thursday, February 14, 2013

Merck Loses $285,000 Judgment for Fosamax Damages



Osteonecrosis of the Jaw (ONJ)

This verdict was handed down in federal court last week.

A federal jury on Tuesday ordered Merck & Co Inc to pay $285,000 in a lawsuit over the risks of its osteoporosis drug Fosamax, only a second loss for the company after several earlier trials.

The eight-person jury in U.S. District Court in Manhattan found that Merck failed to warn plaintiff Rhoda Scheinberg's doctors of the risks associated with Fosamax. The jury rejected the plaintiff's argument that Fosamax was a defective product.

More than 4,000 lawsuits are pending in federal and state courts arising out of injuries allegedly caused by the one-time blockbuster medication. Seven cases have now gone to trial, and Merck has won five and lost two.

Lawyers for Scheinberg, a 69-year-old New York resident, contended Fosamax caused her to suffer delayed healing and a bone disease of the jaw after a tooth extraction. The jury found that Merck's failure to warn of the drug's risks was a cause of her injury.

Hundreds of lawsuits in state and federal courts will continue....

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