The second trial in the Fosamax Multi-district Litigation, located in the Southern District of New York, began on April 19th. The Plaintiff in the case is Louise Maley from Muncie, Indiana. Ms. Maley had been prescribed Fosamax for the treatment of Osteoporosis. Fosamax has been known to cause osteonecrosis of the jaw (ONJ), a debilitating condition that results in the death of the jaw bone which can cause the loss of teeth, disfigurement, and infection. Experts testified that Ms. Maley had ONJ, though it was a mild case. After hearing the evidence, the jury found in favor of the Defendant, Merck Shape & Dohme, finding that Ms. Maley did not suffer from ONJ. Since there was no finding of ONJ, the jury did not answer questions regarding Merck’s liability, failure to warn and causation. As you may recall, the first in the Fosamax MDL involved the case of Ms. Shirley Boles and ended in a mistrial. Ms. Boles’ case is scheduled to be tried again beginning June 2, 2010.
We currently have a number of cases involving Fosamax filed in Federal and State courts. We continue to investigate and file cases involving clients who took Fosamax and developed Osteonecrosis of the Jaw. We are also investigating and filing claims on behalf of clients who took Fosamax and suffered low energy femur fractures. We are seeing case after case where clients who have been taking Fosamax for years suffer femur fractures or breaks without any trauma to the leg or any rigorous activity. If you need more information on this litigation, contact Chad Cook, a lawyer in our Mass Torts Section, at 800-898-2034 or by email at Chad.Cook@beasleyallen.com.
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