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Merck wins its fourth Fosamax case

Drug maker is victorious in litigation involving osteoporosis drug

Yesterday drug maker Merck & Co. won another case in which a patient claimed the company’s osteoporosis drug Fosamax caused jaw and dental injuries.

Florida resident Linda Secrest sued Merck, claiming she suffered jaw problems after taking Fosamax between 1998 and 2005 and that the company failed to provide warnings about the possibility of developing jaw and dental injuries. But yesterday, a New York federal jury found in favor of Merck.

The case is the fourth bellwether case to go to trial. Merck has won three of the four cases. A fifth case was dismissed prior to trial.

According to Businessweek and the Wall Street Journal, Merck is facing about 1,650 failure-to-warn cases in federal and state court alleging that Fosamax causes a jaw-destroying condition and that the company failed to properly warn consumers about the risk. Merck has said the condition did not occur in any clinical trials of Fosamax.

Ashley Post

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