Merck loses effort to dismiss 24 Fosamax cases

-Reuters

09/09/2009 - A Manhattan federal judge has rejected Merck & Co's effort to dismiss 24 cases alleging that its Fosamax drug treatment for osteoporosis causes jaw damage.

In an opinion released Wednesday, U.S. District Judge John Keenan ruled that the plaintiffs could introduce testimony by two doctors to show that the drug can cause jaw damage after less than three years of continuous use.

Keenan said the evidence is sufficiently reliable to allow a rational jury to establish such a connection. He said individual plaintiffs will then be allowed to present expert testimony that Fosamax caused them to suffer such damage, and that such testimony could by itself "make causation a genuine issue of fact for trial."

Merck was not immediately available for comment.

The company faces a slew of lawsuits involving almost 900 cases by patients who say Fosamax caused osteonecrosis of the jaw. A Manhattan jury is deliberating this week over the drug company's potential liability in one such case.

Fosamax belongs to the bisphosphonate family of osteoporosis drugs that include Procter & Gamble Co's Actonel and Roche Holding AG's Boniva. Merck says Fosamax prevents bone fractures, especially in post-menopausal women, by helping to increase bone mineral density.

In late morning trading, Merck shares were up 41 cents at $31.38 on the New York Stock Exchange.

The case is In re Fosamax Products Liability Litigation, U.S. District Court, Southern District of New York ( Manhattan), No. 06-1789.

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