In Re: Fosamax

VERDICT

Trial
01/24/11 – 02/14/11

Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2
Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2

Summary

Rosenberg v. Merck will be the fourth FOSAMAX trial, and the first in state court. The prior three trials, in federal court, resulted in two defense verdicts and a plaintiff verdict.

In this product liability litigation proceeding, plaintiff Alison Rosenberg alleged Merck & Company Inc. of fraudulent concealment of the risk associated with its drug ‘FOSAMAX’ due to which she suffered jaw related problems. Merck claimed that Ms. Rosenberg's jaw-related problems resulted from other health problems and medications.

Alendronate Sodium, sold by Merck under the brand name "FOSAMAX" since 1995, is an osteoporosis treatment for postmenopausal women. Some studies have shown that oral bisphosphonates, including Fosamax, may increase the result of osteonecrosis of the jaw (ONJ), or bone death.

The plaintiff was represented by attorney J. Paul Sizemore. The defendant in this case, Merck and Co was represented by attorney Christy Jones.

The jury concluded that Ms. Rosenberg did not suffer from osteonecrosis of the jaw (ONJ), and therefore she failed to show that Fosamax caused the harm.

For more information, visit the CVN News Blog.

Outcome

Jury found for the Defense.

Sessions

PM Session
Plaintiff Witness(es)
2 Chapters
JAN
26
PM Session
Defense Witness(es)
2 Chapters
FEB
2
AM Session
Closings
2 Chapters
PM Session
Closings
2 Chapters
FEB
9
AM Session
Other
2 Chapters
FEB
10
AM Session
Verdict
2 Chapters
FEB
14

Recording Disclaimer: This proceeding was recorded in full.

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