Fosamax Side Effects Lawsuit News:

US lawsuit over Merck bone drug Fosamax dismissed

 

-Reuters

11/24/2009 - A Manhattan federal judge has dismissed a lawsuit alleging that Merck & Co's osteoporosis drug Fosamax causes jaw damage, two months after a jury deadlock led to a mistrial in a similar case.

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.

The lawyer for the Flemings, said he expects to appeal the decision, and that the ruling should not affect other Fosamax cases because the facts were specific to his client.

Merck spokeswoman Amy Rose did not immediately return a call seeking comment. The company is based in Whitehouse Station, New Jersey.

Fosamax is part of the bisphosphonate family of osteoporosis drugs that include Procter & Gamble Co's (PG.N) Actonel and Roche Holding AG's (ROG.VX) Boniva.

Merck says Fosamax prevents bone fractures and helps offset bone loss associated with menopause.

According to Keenan's 22-page opinion, Flemings reported bone problems in April 2006, more than eight years after her family doctor first prescribed her Fosamax in December 1997.

Her primary dentist told her to stop using Fosamax, not knowing that another dentist had treated her for a bone sliver in her mouth and a tongue ulcer. Flemings then healed, and said the evidence showed Fosamax caused her problems.

Keenan disagreed, noting that her primary dentist had no opinion as to what caused her injury, while family doctor Walter Rose had a mere "subjective belief" of the cause.

"A thorough reading of Dr. Rose's deposition transcript reveals no other reasoning for his diagnosis other than the temporal relationship and 'a little hum in the medical and dental community' regarding the alleged link between bisphosphonates and ONJ," the judge wrote.

Keenan declared a mistrial on Sept. 11 in another case over Fosamax after apparently contentious jury deliberations in a case brought by a 71-year-old Florida resident, Shirley Boles.

Fosamax once generated about $3 billion of annual sales for Merck, but has seen generic equivalents cut into sales after it lost U.S. patent protection in 2008.

If you or a loved one have suffered from Fosamax Side Effects such as Osteonecrosis of the Jaw (ONJ), Low Energy Fractures, Esophageal Cancer, or other serious side effects you may be entitled to compensation. Contact the Fosamax Attorneys of Ennis & Ennis, P.A. today for a Free Nationwide Case Evaluation. Our experienced Fosamax Lawyers can answer any questions you may have about Fosamax side effects, and a potential Fosamax Lawsuit. Fill out our online case evaluation form on this page or contact us toll free at 1-800-856-6405.