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Merck pays out $285,000 in latest Fosamax trial


Houston, TX February 7, 2013 Merck, the manufacturer of the osteoporosis drug Fosamax, lost $285,000 after a jury settled in favor of the plaintiff in the latest Fosamax bellwether trial. The jury stated that Merck was not upfront about the risks associated with Fosamax and they did not do all they could to warn patients taking the drug. This verdict is expected to influence the course of settlement talks for future cases.

There are about 4,000 Fosamax cases currently filed in the multidistrict litigation (MDL) and seven have already been tried. Five of these cases settled in favor of Merck, however, this most recent verdict has many hoping that future cases will favor the plaintiffs. Most of these cases focus on claims that Fosamax caused osteonecrosis of the jaw as well as bone disease and bone fractures, most notably femur fractures. Merck still maintains its position that it adequately warned patients of the potential risks associated with taking Fosamax.

The FDA has issued a number of warnings for serious side effects associated with bisphosphonates such as Fosamax, including:

  • Femur Fractures
  • Osteonecrosis of the Jaw/Dead Jaw Syndrome
  • Atrial Fibrillation
  • Esophageal Cancer
  • Severe Musculoskeletal Pain

The lawsuits against Merck claim that they were in a superior position to be aware of these side effects and were responsible for disclosing that information to the public.

They misrepresented the true safety and effectiveness of the drug and did not use sufficient labeling to warn consumers of the risks.

D. Miller & Associates, PLLC is currently investigating claims of people who were injured by taking Fosamax. If you or a loved one were taking Fosamax and developed osteonecrosis of the jaw or suffered a femur fracture, please contact our Fosamax attorney to find out if you are eligible to receive compensation.

About D. Miller & Associates, PLLC:

Founded in 2002 by attorney Darren Miller, D. Miller & Associates, PLLC is a premiere national law firm with practice areas in personal injury, asbestos and mesothelioma, defective drugs and devices, business and criminal law.

Based in Houston, Texas, the attorneys at D. Miller & Associates, PLLC, have successfully earned their clients compensation through aggressive litigation against even the most powerful of defendants. For a free legal consultation, contact the firm at 1-855-PRO-LAWYERS.

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