In Re: Fosamax

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.