The Fosamax lawyers representing a Pennsylvania woman were unable last month to convince a jury that her jaw injuries were caused by the osteoporosis drug Fosamax, and details from the case could shed light on the criteria important for success in a femur fracture case against Merck & Co. An Atlantic City, New Jersey jury decided on February 14, that the said drug was not the reason Alison Rosenberg, 67 years old, developed osteonecrosis of the jaw (ONJ), or so-called “Dead Jaw,” a type of disease that causes bone tissue in the jaw to die.
“We’re here because Fosamax killed part of Mrs. Rosenberg’s jaw, ” one of Rosenberg’s lawyers said in a statement prior to the jury’s decision. The jury, however, did not agree. In the jury form, the first question posted was this: Was it more likely than not that Rosenberg had the condition she claimed? The jurors responded “no” by a count of 9 to 1. The jurors were not made to answers the remaining 3 questions in the verdict form signaling a victory for Merck & Co.
According to Merck, Rosenberg suffered from other health problems that can cause jaw problems and was taking other medications capable of suppressing immune system function. “The evidence showed the company acted properly and that Fosamax did not cause the plaintiff’s dental and jaw problems,” was one of the statements made by a Merck lawyer.
Referred to as a “bellwether trial,” Rosenberg’s case is one of the hundreds of Fosamax lawsuits being filed against Merck & Co. All of the cases similarly allege that Fosamax caused a patient’s bone jaw death and accuse Merck of failing to properly warn of the drug’s risks. A bellwether trial is one that is one of the first or the very first among similar cases to go to trial, and the outcome of which is expected to offer insight into how the remaining cases will be decided.
A few important points could be established when you use the Rosenberg case in anticipating how a Fosamax femur fracture case would play out. First, because the jury did not believe the Pennsylvania woman suffered from ONJ, and this was sufficient to allow Merck to prevail, it is vital that a plaintiff be able to prove they are suffering from the condition they claim to have developed. Secondly, and implicit in the arguments set forth by Merck’s lawyers, is that it must be evident that Fosamax indeed caused a plaintiff’s injuries. Whether a person is taking Fosamax or not, femur fractures and ONJ can happen to a person.
It would take a really solid argument based on strong evidence like medical records and testimonies from an expert to prove that Fosamax was the cause of your injuries. Should you desire to gain more insight on the ongoing Fosamax litigation, visit the Fosamax lawyer information site.
Tags: Womens World