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Tuesday, April 12, 2011

Bellwhether Trial in NJ Gains Attention of Fosamax Lawyers

A woman from Pennsylvania and her Fosamax lawyers failed to convince the jury last month that her jaw injuries were brought on by Fosamax, an osteoporosis drug manufactured by Merck & Co., and it would be a tremendous help to future complainants and their attorneys to study the details of this specific lawsuit. On February 14, an Atlantic City, New Jersey jury found that Fosamax did not cause 67-year old Alison Rosenberg to develop 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.

Merck lawyers claimed that Rosenberg already had other health concerns that may be the cause of her jaw injuries and was taking medication for it which could suppress immune system function. In a statement made by one of Merck's lawyers, he said, “The evidence showed the company acted properly and that Fosamax did not cause the plaintiff’s dental and jaw problems.”

Known as a “bellwether trial,” Rosenberg's case was among the first lawsuits that were filed against Merck. 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.

Using the Rosenberg case to see how a Fosamax femur fracture case , including femur fracture cases, will play out, a couple of points can be established. 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.

You need to build a solid argument that is founded on strong evidence such as medical records and/or expert testimonies to prove beyond reasonable doubt that Merck's Fosamax was the cause of your bone injuries. More information can be acquired when you visit the Fosamax lawyer web site.

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