Second Fosamax Bellwether Case Ends In Unanimous Verdict For Defendant Merck

NEW YORK — (Mealey’s) The second federal Fosamax bellwether trial ended in a defense verdict May 6 when a jury in the U.S. District Court for the Southern District of New York unanimously found that the plaintiff did not suffer from osteonecrosis of the jaw (ONJ) as of March 31, 2004, a date...

Jury Awards Plaintiff $8 Million In Fosamax Lawsuit

NEW YORK - (Mealey's) A jury returned an $8 million compensatory damages verdict against Merck & Co. Inc. on June 25 in the U.S. District Court for the Southern District of New York in the retrial of the first Fosamax multidistrict litigation case to go to trial, according to the court's...

$8M Fosamax Verdict Remitted By MDL Judge To $1.5M Or New Damages Trial

NEW YORK -- (Mealey's) The New York federal judge overseeing the Fosamax multidistrict litigation on Oct. 4 sua sponte found that an $8 million verdict in a bellwether trial is excessive and ordered a remittitur of the verdict to $1.5 million unless plaintiff Shirley Boles wants a new trial on damages...

2nd Fosamax Bellwether Plaintiff Failed To Prove Causation, 2nd Circuit Affirms

NEW YORK - (Mealey's) The second bellwether plaintiff in the Fosamax multidistrict litigation failed to produce evidence that the osteoporosis drug caused her osteonecrosis of the jaw (ONJ), a panel of the Second Circuit U.S. Court of Appeals ruled Nov. 5 in affirming summary judgment ( Bessie L...

Jury Finds For Merck In Bellwether Fosamax Jaw Disease Trial

NEW YORK - (Mealey's) A federal court jury in New York on Nov. 19 found that Merck & Co. Inc.'s osteoporosis drug Fosamax did not cause the osteonecrosis that destroyed a Florida woman's jaw ( Judith Graves v. Merck & Co. Inc. , 1:06-cv-05513, S.D. N.Y.). Seven jurors in the U...

Merck Wins 1st State Court Fosamax Trial

ATLANTIC CITY, N.J. -- The first state court trial alleging jaw injuries from Fosamax yielded a win for the defense on Feb. 14 in the Atlantic County, N.J., Superior Court ( Alison Rosenberg v. Merck, Sharpe & Dohme Corp. , No. ATL-L-3644-08, N.J. Super., Atlantic Co.). The jury found by a...

Fosamax Jaw Injury Claims Not Tolled By Class Action, Virginia Supreme Court Says

RICHMOND, Va. - (Mealey's) Virginia does not recognize either equitable or statutory tolling for class actions brought by different plaintiffs in another jurisdiction, the Virginia Supreme Court ruled March 2 in an appeal by four Fosamax jaw injury plaintiffs ( John Casey, et al. v. Merck & Co...

Merck Wins Defense Verdict In 2nd N.J. Fosamax Jaw Injury Trial

ATLANTIC CITY, N.J. - (Mealey's) A New Jersey state court jury on April 18 returned a defense verdict for Merck, Sharpe & Dohme in a Fosamax jaw injury trial, the company said in a press release ( Jo Ann Sessner v. Merck, Sharpe & Dohme, Inc. , No. ATL-L-3394-11-MT, N.J. Super., Atlantic...

Jury Awards Plaintiff $10.4 Million For Injuries, Punitive Damages Linked To Novartis' Zometa

CENTRAL ISLIP, N.Y. - (Mealey's) A New York federal jury on Nov. 2 found Novartis Pharmaceuticals Corp. liable for a woman's osteonecrosis of the jaw (ONJ) and awarded her $10.45 million, according to the parties ( Barbara Davids v. Novartis Pharmaceuticals Corporation , No. 2:06-431, E.D. N...

2nd Circuit Upholds Fosamax Bellwether Defense Verdict

NEW YORK - (Mealey's) A defense verdict for Merck, Sharp & Dohme in the fourth federal Fosamax jaw injury trial was upheld Jan. 30 by the Second Circuit U.S. Court of Appeals, which found that the trial court didn't err in excluding a plaintiff expert or in its trial rulings ( In Re: Fosamax...

Jury Awards Plaintiff $285,000 In 5th Fosamax MDL Trial But Finds No Design Defect

NEW YORK - (Mealey's) A New York federal jury on Feb. 5 ordered Novartis Pharmaceuticals Corp. to pay $285,000 to a plaintiff for allegedly failing to warn her or her doctor that Fosamax carries a risk of osteonecrosis of the jaw (ONJ) ( In Re: Fosamax Products Liability Litigation , MDL Docket No...

Merck Wins Defense Verdict In 1st Fosamax Femur Case To Go To Verdict

TRENTON, N.J. - (Mealey's) A New Jersey federal jury on April 29 quickly found that Fosamax did not cause a plaintiff's femur fracture, the first verdict in a case in which a plaintiff claims that the osteoporosis drug weakened her thigh bone ( In Re: Fosamax [Alendronate Sodium] Products Liability...

3rd Circuit Says Design Defect Claims For Generic Fosamax Are Preempted

PHILADELPHIA — (Mealey’s) Strict liability design defect claims involving generic versions of the osteoporosis drug Fosamax are preempted by federal law despite plaintiffs’ attempts to narrow U.S. Supreme Court case law, a panel of the Third Circuit U.S. Court of Appeals ruled April...