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Drug & Device News

By ALM Staff | Law Journal Newsletters |
June 21, 2013

Plaintiff Fails to Prove Fracture Caused by Fosomax

In the first case to go to a jury over whether Fosomax causes femur fractures, a New Jersey jury has found for the defense in Glynn v. Merck, Sharp & Dohme Corp., 11-cv-5304. Fosomax, the osteoperosis treatment drug marketed by Merck & Co. Inc., has been accused of exacerbating minor bone-related injuries by interfering with the normal healing process. Of the more than 4,000 plaintiffs in Fosomax suits, many claim femur or other bone injuries, while others complain of jaw problems. The federal jury that heard this first case unanimously concluded that the plaintiff had failed to prove that her femur injuries were of the unusual type that Fosomax is said to cause. Because they came to this conclusion, there was no need for them to move on to other questions raised in the case, including whether Merck gave adequate warnings to doctors of the potential for bone injuries with use of Foxomax. This case joins two others that have ended with defense verdicts for Merck; those others alleged that Fosomax caused jaw necrosis in the plaintiffs.

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