Judge Dismisses Second of Three “Bellwether” Cases Concerning Fosamax
US District Judge John F. Keenan in Manhattan granted a request by Merck pharmaceuticals for a summary judgment in a product liability case concerning their osteoporosis drug, Fosamax. The case was brought by 74-year-old Bessie Flemings of Mississippi, who claimed she developed osteonecrosis from taking the drug. Osteonecrosis is a bone condition where the bone in the jaw dies and can fracture. The judge determined that Ms. Flemings did not present reliable evidence supporting her claim. Ms Flemings plans to appeal the judge’s decision.
Last September the first of the three so-called bellwether cases concerning Fosamax was declared a mistrial after jurors deadlocked. It has not been rescheduled. That case was brought by 71year old Shirley Boles of Florida. Nationally, Merck is facing nearly one thousand state and federal suits alleging that Fosamax causes osteonecrosis. The company has set aside $100 million for legal fees.
Fosamax used to bring in more than $3 billion in sales for Merck each year, making it one of the company’s best-selling drugs. However, the availability of generic equivalents after the patent protection expired in 2008 has significantly reduced sales. Find out more about these cases at Merck Wins Dismissal of Fosamax Case Set for Trial.
Products liability is a complex matter that requires the services of an experienced business law attorney. If you are involved in such a matter, please contact Wood, Atter & Wolf, P.A. for legal counsel.
