Fosamax Case Goes to Jury

-The Wall Street Journal

09/03/2009 - A lawyer for Merck & Co. told a jury Wednesday that the osteoporosis drug Fosamax isn't the cause of a severe jaw problem suffered by a 71-year-old Florida woman who took the drug for years.

In his closing statement Wednesday, Paul F. Strain, a lawyer for the drug maker, said that Shirley Boles, a long-time cigarette smoker, has a history of dental problems and health problems.

Mr. Strain said the worst outbreak of her jaw condition, known as osteonecrosis, was earlier this year -- three years after she stopped taking Fosamax.

"You cannot blame Fosamax for that," Mr. Strain said.

Ms. Boles's case is one of the first product-liability cases to go trial over the osteoporosis drug. Osteonecrosis is a condition where the bone dies and can eventually fracture. It can lead to exposed bone in the jaw.

Jurors began their deliberations in the case on Wednesday afternoon.

Ms. Boles's lawyers have alleged that her use of Fosamax caused her osteonecrosis.

"It's a theory," Mr. Strain said. "It is a theory without scientific basis."

Timothy M. O'Brien, Ms. Boles's lawyer, said Merck misrepresented the benefits of Fosamax. Ms. Boles is in a class of women that can't derive any benefit from Fosamax in terms of osteoporosis prevention.

Mr. O'Brien said the company failed to notify physicians, including her doctor, or the public of a possible side effect: osteonecrosis. He also said the firm failed to investigate cases of osteonecrosis in Fosamax users.

"There's a duty to investigate, a duty to not bury your head in the sand if you're a drug company," Mr. O'Brien said.

Although most cases of osteonecrosis of the jaw related to Fosamax side effects have occurred after dental work several cases have been reported to occur without any prior dental work. If you are currently taking Fosamax you may be at risk of developing osteonecrosis. If you have been injured by Fosamax side effects you may be entitled to compensation. For more information about your legal rights contact the Fosamax Attorneys of Ennis & Ennis, P.A. today. If you or a loved one have experienced low energy femur fracture due to the use of Foasamax, call the Foasamax attorneys of Ennis & Ennis, P.A. today or fill out our free case evaluation form on this page.