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Rottenstein Law Group Alerted to Merck Victory in Fifth Bellwether Fosamax Osteonecrosis of the Jaw Trial


(New York, NY, October 3, 2011) The Rottenstein Law Group, which represents clients with claims of harm stemming from side effects of the drug Fosamax, has learned that Merck, the drug’s manufacturer, has declared victory in the fifth bellwether trial concerning Fosamax and the condition known as osteonecrosis of the jaw (ONJ).
On October 3, Merck issued a press release announcing that “a federal court jury in New York found in its favor in the Secrest v. Merck case, rejecting the claim of a Florida woman who blamed her dental and jaw-related problems on her FOSAMAX use.” Secrest v. Merck (case no. 1:06-cv-06292), a so-called bellwether lawsuit, is the fifth lawsuit filed alleging that Fosamax caused a plaintiff to suffer ONJ, to go to trial. Merck, the creator and manufacturer of Fosamax is currently embroiled in thousands of Fosamax cases, including cases alleging that users have suffered femur fractures, in addition to ONJ, as a result of using the drug.
Merck’s statement continued, “Today’s verdict marks the fourth time a jury has found in Merck’s favor on a plaintiff’s product liability claim in the litigation regarding FOSAMAX. The plaintiff in this case alleged she used FOSAMAX and suffered various jaw problems and complications following multiple tooth extractions and failed dental implants.” Merck was victorious in three of the first four bellwether trials: the first case to be tried to a verdict, Maley v. Merck, resulted in a defense verdict for Merck in May, 2010; the second case, Boles v. Merck initially resulted in a mistrial in September 2009 after the jury was unable to reach a unanimous verdict. A retrial of that case in June 2010, resulted in a plaintiff verdict, (which was later reduced by Judge Keenan and which Merck intends to appeal after the damages portion of the case is retired); the third case, Graves v. Merck, resulted in a defense verdict for Merck in November 2010; and the fourth case, Rosenberg v. Merck, which was tried in the Superior Court for Atlantic County, New Jersey, resulted in a defense verdict for Merck in February 2011.
As of June 30, 2011, according to information directly from Merck, approximately 1,650 cases, which include approximately 2,050 plaintiff groups, had been filed and were pending against Merck in both state and federal courts.
The Rottenstein Law Group advises anyone with a friend or family member who has been prescribed Fosamax or another osteoporosis drug to recommend to that person that he or she consult a physician immediately, then speak to a qualified Fosamax lawyer. The Rottenstein Law Group lawyers have a total of more than 25 years of experience fighting for the rights of clients who have suffered harm due to the negligence of powerful corporations.  Affected individuals are advised to keep apprised of the latest news concerning the Fosamax femur fracture lawsuits by checking the Fosamax Femur Fracture Lawsuit Information Center for updated information. The site is equipped with easy-to-use social media features which will enable users to spread the word about the dangers of Fosamax.
About the Rottenstein Law Group
The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, a lawyer with over two decades of experience in compassionate representation of clients in consumer product injury, mass tort, and class action law suits. For more information, please visit their Web site, or call (888) 9-ROT-LAW.


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