Judge Allows Dozens of Fosamax Injury Lawsuits to Go Forward

Merck & Co. was dealt a blow in its defense of the controversial osteoporosis drug Fosamax when a New York City federal judge today denied the company’s motion to dismiss two dozen cases filed by people who claim they suffered jaw injuries and other complications as a result of using the drug.

U.S. District Court Judge John Keenan ruled that the patients suing Merck for Fosamax injuries can present expert testimony from two doctors to establish that continuous use of the drug for as short as three years can result in serious injuries to the jaw, according to a Reuters news report.

The judge, in a ruling issued today, found the expert testimony put forward by the plaintiffs in support of their cases is sufficiently reliable to go before a jury. The judge ruled that plaintiffs also will be allowed to argue that their injuries were caused by Fosamax and that there is a “genuine issue of fact for trial.”

Merck Faces Hundreds of Fosamax Suits

Merck faces nearly 900 personal-injury lawsuits from former Fosamax patients who say the drug caused them to develop a condition called osteonecrosis of the jaw. At least one of those lawsuits is now in trial and others are preparing to go before juries.

Fosamax is a drug that belongs to a class of osteoporosis medications called bisphosphonates which are taken by an estimated 30 million Americans. Other drugs in the same class include Actonel, a Procter & Gamble Co. product, and Boniva, which is made by Roche Holding AG. Fosamax is designed to prevent bone fractures, particularly in women who are post-menapausal, by increasing bone density.

However, the drug has been linked to increased risks of esophageal cancer and other severe complications even when used as directed for relatively short periods of time.

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