Jury rejects plaintiff's claim against Merck & Co in another federal Fosamax bellwether trial

US drug giant Merck & Co (NYSE: MRK) said on Friday that a federal court jury in New York found in its favor in the Graves versus Merck case, rejecting the claims of a Florida woman who blamed her dental and jaw related problems, osteonecrosis, on her use of the firm’s Fosamax (alendronate).

With this verdict, Merck has won three of the first four bellwether cases in the litigation concerning alleged adverse events resulting from use of the osteoporosis drug. A jury awarded $8 million to a Florida woman earlier this year (The Pharma Letter June 28), but a judge later ruled the award was excessive. These and other cases are among litigation involving about 1,400 people across the USA who claim they developed jawbone ailments after taking Fosamax,

“We believe the evidence showed the company acted properly, and that Fosamax did not cause the plaintiff’s dental and jaw problems,” said Mike Brock of Covington & Burling, outside counsel for Merck. “Unfortunately, the plaintiff had multiple medical conditions that can cause people to develop jaw and dental problems, regardless of whether they were taking Fosamax,” he noted The plaintiff in this case alleged she used Fosamax from 2001 to 2004 and that she suffered various jaw problems and complications following a tooth extraction in March 2003, including several surgeries to treat her condition.