First Fosamax Injury Trial Ends in Mistrial

The first trial involving charges that the osteoporosis drug Fosamax caused a user to develop a severe jaw injury, a case that was being closely watched by many as a possible indicator of how hundreds of other similar lawsuits might progress, has ended in a mistrial.

Jurors became deadlocked after about a week of deliberations. Federal Court Judge John F. Keenan declared a mistrial on Sept. 11 after hearing from the jury of five women and three men, who said they could not come to agreement. A new trial on the issue could be held next year, attorneys said.

Meanwhile, about 900 other lawsuits against Merck & Co. for injuries allegedly caused by Fosamax are filed and preparing for trials in the coming years. Millions of women have taken Fosamax to treat bone loss that often occurs during menopause.

The case that has deadlocked was brought by Shirley Boles, a 71-year-old Florida resident who accused Fosamax of causing her jawbone tissue to die, a condition called osteonecrosis. Boles took Fosamax from 1997 to 2006 before suffering the devastating injury.

Boles’ attorneys presented evidence attempting to establish a link between her use of Fosamax and osteonecrosis, but a majority of jurors apparently were not convinced. They also contended that Merck had negligently manufactured and distributed the drug without warning doctors and users about known risks associated with its use.

Merck attorneys argued that Boles’ condition was caused by other health factors other than Fosamax.

Hundreds of lawsuits filed against Merck over Fosamax injuries have been assigned to Jude Keenan due to similar legal and evidentiary issues. The judge is currently set to preside over two more Fosamax trials in the coming year.

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