May 6 2010
Merck today said a unanimous federal court jury in New York found in its favor in the Maley v. Merck case, rejecting the claims of a plaintiff who blamed her dental and jaw-related problems on her FOSAMAX use.
“Unfortunately, the plaintiff had multiple medical conditions that cause people to develop the jaw and dental problems she claims she has, regardless of whether they were taking FOSAMAX.”
"We believe the company acted properly," said Christy Jones of Butler, Snow, O'Mara, Stevens & Cannada PLLC, outside counsel for Merck. "Unfortunately, the plaintiff had multiple medical conditions that cause people to develop the jaw and dental problems she claims she has, regardless of whether they were taking FOSAMAX."
In the case, Merck presented evidence that it acted appropriately in researching and developing FOSAMAX and in monitoring the medicine after it was placed on the market. The company's clinical trials, conducted both before and following approval, have involved more than 28,000 patients, including more than 17,000 treated with FOSAMAX. The company provided appropriate and timely information about FOSAMAX to consumers and to the medical, scientific and regulatory communities.
"Merck is pleased with the jury's verdict," said Bruce N. Kuhlik, executive vice president and general counsel of Merck.
U.S. District Court Judge John F. Keenan presided over the trial. Merck is represented in the Maley case by Christy D. Jones of Butler, Snow, O'Mara, Steves & Cannada, PLLC in Jackson, Miss. and Craig Thompson of Venable LLP in Baltimore, Md.
Status of Litigation
This is the second FOSAMAX case to go to trial. The first case, Boles v. Merck, resulted in a mistrial after the eight person jury could not reach a unanimous verdict. The Boles case is set to be retried on June 2, 2010. As of December 31, 2009, approximately 978 cases, which include approximately 1,356 plaintiff groups, had been filed and were pending against Merck in either federal or state court.
SOURCE Merck