November Fosamax Lawsuit News: Raising Questions for Doctors, and Juries

In a civil case now pending New York, a woman is suing Merck, the maker of Fosamax. She claims that that Fosamax had caused such debilitating jawbone deterioration that the Plaintiff has now  required five major operations, including a lengthy surgery to replace her broken jaw with bone from her left arm.




Merck has defended itself, arguing  that the plaintiff took other prescriptions — like steroids to treat rheumatoid arthritis — that weakened her immune system, leading to her jaw infection and healing problems.

The NY Times article is a good one discussing the elements of this next trial,  and you can read the rest right here: http://www.nytimes.com/2010/11/11/health/11bone.html?_r=1&hp

Fosamax: Verdict Set Aside, Plaintiff's Counsel Sanctioned

Image via WikipediaIn Federal Court, the Judge has released opinions in all the Fosamax^® ONJ post-trial matters pending n the federal District Court located in Manhattan. The Judge hammered Plaintiff’s counsel with an on-the-record dressing down in a published opinion.

Keenan ruled that the $8 million verdict was unreasonably high. He said Boles may choose between a reduced award of $1.5 million or a retrial to determine damages.

“A significant damage award is warranted, but the $8 million deviates substantially from what would be reasonable compensation,” Keenan wrote.

Merck said it will appeal Keenan’s refusal to throw out the verdict entirely or to order a new trial.

More here