Lawsuit over Fosamax Ruled in Favor of Merck
Today a federal judge in Manhattan ruled to dismiss a lawsuit against Merck & Co involving their drug Fosamax, alleging that the osteoporosis drug causes jaw damage.
According to Rueters,
U.S. District Judge John Keenan on Monday found that Bessie Flemings, 74, a Mississippi resident whose primary dentist labeled her oral hygiene as “poor,” failed to show that her use of Fosamax caused the death of jawbone tissue, a condition known as osteonecrosis of the jaw, or ONJ.
Keenan said Flemings’ case was the second of three “bellwether” trials in nationwide litigation over Fosamax, which has spawned close to 900 lawsuits. The judge is handling many of the cases.
Fosamax is part of family of osteoporosis drugs that include Procter & Gamble Co’s Actonel and Roche’s Boniva.
The good news for Fosamax users is that in all cases thus far it has not been found at fault. In the event that you do experience any side affects, visit your doctor and follow his or her directions.
December 3rd, 2009 at 5:27 AM
Keenan ruled that expert witnesses for plaintiff Bessie Flemings didn’t show that Fosamax actually caused her ONJ. “Plaintiff has offered no other evidence to establish that Fosamax caused her to develop ONJ, and therefore her failure-to-warn claim is insufficient as a matter of law,” according to keenan…