Verdicts & Settlements

Merck Wins Second of Three Fosamax Trials


A jury has ruled for Fosamax maker Merck on Friday in a suit by a woman who claimed the drug caused her jawbone to disintegrate.

Merck had argued that the ailment suffered by plaintiff Judith Graves was caused by other health issues and other medications she was taking, the New York Times reports. The jury ruled after asking when the first published report appeared on osteonecrosis, the name of Graves’ jawbone problem.

The article was published in October 2003, six months after Graves’ condition became evident. The question indicates the jury may have decided that Merck wasn’t aware of the problem, the Times says.

The verdict is the second for Merck in three bellwether trials, according to the story. In a third trial, jurors awarded $8 million, reduced to $1.5 million by the judge in the case.

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