Fosamax Judge Rejects Merck Bid To Exclude Experts' Testimony

-CNN

09/09/2009 - A federal judge denied a bid Wednesday by Merck & Co. to exclude the testimony of several expert witnesses and dismiss 24 personal-injury cases over its osteoporosis drug Fosamax.

In an order Wednesday, U.S. District Judge John F. Keenan rejected efforts to exclude testimony by two doctors on whether Fosamax can cause a severe jaw condition known as osteonecrosis before three years of continuous use.

"Testimony by two of the plaintiff's experts is admissable in these cases and sufficient to create a genuine issue of fact for trial," the judge said.

However, the judge did exclude testimony by a third doctor on the issue, noting the plaintiffs failed to show his testimony on the three-year issue was " sufficiently reliable" to be admitted.

The drug maker had argued in part that it was entitled to a summary judgment in those 24 cases because of the inadmissibility of the testimony. The judge rejected that motion.

The plaintiffs in those cases took Fosamax for fewer than three years. Merck is facing a number of lawsuits over the drug.

Meanwhile, a jury in a separate case continued to deliberate Wednesday over whether Fosamax caused osteonecrosis suffered by Shirley Boles, a 71-year-old Florida woman.

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

The jury began deliberations last week. On Tuesday, the jury indicated in several notes that it had reached an impasse, but continued deliberations at the judge's urging.

Boles' lawyers allege Merck misrepresented the benefits of Fosamax for women such as Boles and failed to notify physicians, including her doctor, or the public of a possible side effect: osteonecrosis.

Merck's lawyers has countered that Boles, a long-time cigarette smoker, had a history of dental problems and health problems.

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.