Judge Narrows Claims for Fosamax Bellwether Trial
The judge overseeing consolidated Fosamax lawsuits in New York ruled last week that a Florida woman suing Merck & Co. over Fosamax’s alleged tendency to cause jaw bone death may only do so on the grounds of a design defect.
Plaintiff Claims That Fosamax Use Caused Osteonecrosis of the Jaw
The trial of Secrest v. Merck & Co. Inc. is scheduled to begin on September 7 in the U.S. District Court for the Southern District of New York. A so-called bellwether case, it is one of hundreds of federal lawsuits against Merck that similarly allege Fosamax causes osteonecrosis of the jaw (ONJ). The outcome of bellwether cases typically foreshadow how the other centralized cases in a multidistrict litigation (MDL) might turn out.
The original complaint brought against Merck by Linda Secrest, a resident of Florida, included claims of failure to warn, fraudulent concealment, design defect, and punitive damages. On August 30, 2011, Judge John Keenan dismissed all of these claims except for design defect. Explaining his decision, Judge Keenan said that Seacrest “has failed to show that a different warning would have prevented her prescribing physician from keeping her on Fosamax at the time of her alleged injury,” and also that the plaintiff “failed to introduce any evidence suggesting that Merck acted in a grossly negligent fashion in response to the available information.”
Secrest’s case is the fourth of seven bellwether ONJ Fosamax lawsuits to be overseen by Judge Keenan. In the previous three, Judge Keenan ruled in favor of Merck, while one trial resulted in an $8 million verdict for the plaintiff (the payout was later reduced to $1.5 million).
The centralized ONJ lawsuits should not be confused with the Fosamax femur fracture MDL approved in May 2011. That multidistrict litigation consists of approximately 60 lawsuits against Merck claiming that Fosamax can cause spontaneous thigh bone breaks. The femur fracture MDL is being handled by District Judge Garrett E. Brown, Jr. in the U.S. District Court for the District of New Jersey. No trial dates have been scheduled yet. On September 9, an advisory committee to the Food and Drug Administration (FDA) will meet to discuss the benefits and risks of long-term Fosamax-like drugs.
Contact RLG for a Complimentary Fosamax Lawsuit Evaluation
Scientific evidence suggests that Fosamax can cause femur fractures that occur after little or no impact. If you have suffered a thigh bone injury that you believe is attributed to Fosamax, then the Rottenstein Law Group wants to hear about it.
For more than 25 years, the lawyers of RLG have been helping consumers injured through no fault of their own recover compensation from large pharmaceutical companies like Merck. To find out whether you qualify for a Fosamax lawsuit, fill out this form or call 1-877-332-2347.
