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: Day on Torts

Fosamax Products Liability Case Ends in Mistrial

By John A. Day

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Florida AP reports that a federal judge declared a mistrial last Friday in a trial over whether Merck & Co.'s former blockbuster osteoporosis drug, Fosamax, causes painful jaw bone destruction.  The trial, which is the first of many concerning Fosamax,  started Aug. 11 in U.S. District Court for the Southern District of New York in Manhattan.

The article summarizes the case this way:

Merck faces lawsuits by roughly 1,500 plaintiffs who allege Fosamax caused the same painful jaw condition that Boles now has - osteonecrosis of the jaw, in which bone tissue dies and detaches from the gum. That causes difficulty with chewing or wearing dentures, among other problems.

[Merck's counsel] said that since July 2005, the drug's detailed package insert has stated that both Fosamax and a newer version that combines the drug with Vitamin D 'may cause jawbone problems in some people. Jawbone problems may include infection, and delayed healing after teeth are pulled.'

Read more here.

Full post as published by Day on Torts on September 15, 2009 (boomark / email).

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