Merck & Co wins first Fosamax state court trial; new study finds low osteonecrosis risk for bisphosphonates

15 February 2011

US drugs giant Merck & Co (NYSE: MRK) said yesterday that a state court jury in New Jersey found in its favor in the Rosenberg versus Merck case, rejecting the claims of a woman who blamed her dental and jaw related problems on her use of the company’s bisphosphonate drug Fosamax (alendronate) use.

Despite facing generic competition since 2008, Fosamax generated sales of $691.5 million for the first nine months of 2010, down from $814.9 million in the same period the previous year.

“We believe the evidence showed the company acted properly, and that Fosamax did not cause the plaintiff’s dental and jaw problems,” said Christy Jones of Butler, Snow, O’Mara, Stevens & Cannada, outside counsel for Merck. “Unfortunately, the plaintiff had medical conditions that can cause people to develop jaw and dental problems, regardless of whether they were taking Fosamax. She had an extensive history of periodontal and endodontic treatments and she took a number of powerful steroid medications that are known to suppress the body’s immune system and inhibit the body’s ability to heal,” she added.

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