Merck Loses Over a Plaintiff Verdict in the Second Fosamax Lawsuit Trial

Merck and Co. reportedly losfosamax lawsuitt in the trial over claims surrounding a certain serious side effect of one of the company’s widely sold medication, online publications report, indicating that the one of the United States leading pharmaceutical firms was requested to settle $8 million in compensatory damages to a plaintiff who filed a lawsuit, claiming that Fosamax caused damage to her teeth, and jaw.

Shirley Boles, a 72-year old plaintiff from Florida, was reportedly awarded by a seven-people New York jury of $3 million more than the $5 million her lawyers had initially claimed, two years ago in a federal multidistrict litigation (MDL).  Two years ago, Shirley Boles, a 72-year old plaintiff from Fort Walton Beach Florida, was reportedly awarded by a jury in New York with more than her lawyers had initially appealed, in a federal multidistrict litigation (MDL). Boles, a retiree of the Okaloosa County Sheriff’s Office, was reportedly prescribed of Fosamax by her physician after acquiring a stress fracture in the foot.  But after using Fosamax from 1997 through 2006, Boles reportedly started to develop dental and mouth problems which was later diagnosed as osteonecrosis of the jaw (ONJ). The plaintiff’s claim consisted of the drug maker’s misrepresentation of the drug’s safety, and for purportedly failing to alert doctors and patients alike of its capacity to intervene with blood distribution to the jaw, causing its gradual death.

Despite being the second trial to conclude with a verdict, and a plaintiff verdict at that, US District Judge John F. Keenan, the federal judge who has been monitoring litigations against Fosamax all over the country, reportedly made changes and reduced the amount the plaintiff was supposed to be awarded. {Keenan reportedly cut the award from $8 million to $1.5 million albeit still supporting the verdict in the case.

Fosamax, normally indicated for the prevention and treatment of osteoporosis, and certain bone diseases including Paget’s disease of the bone, is a bone-building medication that soared among the ranks of other drugs that belong to its category known as biphosphonates. Despite the promise Fosamax holds for many osteoporotic patients, its benefits may have been countered by the risks that accompany the drug, demonstrated by the number of legal woes the company may be facing including 1,000 ONJ legal claims, and 450 pending cases from patients who reportedly acquired rare-occurring fractures of the femur from the prolonged use of the osteoporosis drug.

URL References:
bloomberg.com/news/2010-10-04/merck-fosamax-verdict-reduced-to-1-5-million-from-8-million.html
reuters.com/article/2010/06/25/us-merck-fosamax-verdict-idUSTRE65O5HG20100625
bloomberg.com/news/2010-06-25/merck-loses-8-million-verdict-in-trial-over-claim-fosamax-harms-jawbone.html
rxlist.com/fosamax-drug.htm
4-traders.com/MERCK-CO-INC-13611/news/Merck-Co-Inc-Statement-on-FOSAMAX%AE-alendronate-sodium-Product-Liability-Trial-in-New-Jersey-14044742/

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