Wednesday, August 31, 2011

Federal Judge Narrows Fosamax - Osteonecrosis of the Jaw Lawsuit

Osteonecrosis of the Jaw (ONJ)

The patient can pursue her claim against the manufacturer Merck & Co. but within more limited guidelines.
A federal judge on Tuesday threw out part of a bellwether lawsuit against Merck & Co over claims that its osteoporosis drug Fosamax causes jaw damage.

The plaintiff, Linda Secrest, may pursue her claim that Fosamax suffered from a design defect and caused her jawbone tissue to die, a condition known as osteonecrosis of the jaw, or ONJ, District Judge John Keenan wrote.

But the judge said Secrest, a former United Airlines flight attendant living in Florida, cannot pursue punitive damages or her claim that Merck failed to warn of possible problems with Fosamax, saying no reasonable jury could rule in her favor.

The lawsuit is the fourth bellwether case over Fosamax, which generated billions of dollars in annual sales for Merck before the Whitehouse Station, New Jersey-based company lost U.S. patent protection in 2008, allowing generic sales.
Well, Merck DID have a warning label on the Fosamak and there is evidence that her physician would have discontinued the medication for her.

These lawsuits will continue to drone on for a few more years. So, stay tuned.....

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