Capitol Observations - Tuesday, April 7, 2009 7:43 - 0 Comments

Montgomery Fosamax trial will be one of the first in the nation

In the past few editions of this Report, we have written about several of our clients who have been injured and damaged by the drug Fosamax. As you now know, Fosamax, used for the treatment of Osteoporosis, has been linked to Osteonecrosis of the Jaw (ONJ), which is a disfiguring and disabling condition of the jaw bone that causes infection and rotting of the jaw bone. One of our cases will be the first state court case in the country to go to trial. The case of Finley v. Merck is scheduled for trial in October of 2009 in the Circuit Court of Montgomery before Judge Gene Reese.

This case involves our client, Martha Finley, who took Fosamax for several years and who was ultimately diagnosed with ONJ. Her devastating injury required hospitalization, implementation of procedures to drain infection, numerous additional tooth extractions, and multiple debridement treatments for her jaw bone. After the hospitalization, her doctors elected to stop the use of Fosamax. We look forward to presenting the evidence of Merck’s misconduct to a jury and will seek justice for Ms. Finley. I, along with Andy Birchfield and Chad Cook from our firm, will try the case which should start on October 19th.