Healthy Skepticism Library item: 18287

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Electronic Source

Silverman E
Merck To Pay $8M In Damages In Fosamax Trial
Pharmalot 2010 Jun 25
http://www.pharmalot.com/2010/06/merck-loses-fosamax-trial-must-pay-8m-in-damages/

Full text:

In replay of a courtroom battle that ended in a mistrial last fall, a federal jury today voted unanimously that Merck’s Fosamax osteoporosis drug was responsible for causing jawbone deterioration suffered by a Florida woman, who was awarded $8 million in compensatory damages (here is the lawsuit).
Merck, which argued 71-year-old Shirley Boles was at increased risk for dental and jaw problems if she was not taking Fosamax, quickly indicated it would appeal the decision. “We disagree with the jury’s verdict. We believe the jury verdict was a result of the plaintiff’s counsel’s gross mischaracteraization, and inflammatory and prejudicial remarks,” Paul Strain, an attorney representing Merck, tells us. “We believe the court, from his remarks, made it clear he shares those concerns about the improper closing argument by plaintiff’s counsel. That gives us a strong foundation moving forward.”
This was the second bellwether case over whether Merck failed to warn docs and patients that Fosamax may cause osteonecrosis, which is the painful death of jawbone tissue. Merck won the first trial last month (see here). As of March 31, the drugmaker faces 1,039 lawsuits in and federal and state courts that were feild by 1,417 plaintiffs.