Let’s face it: the bellwether Foxamax trials are going very poorly for Fosamax plaintiffs and their lawyers. Very poorly.
Merck won another jury trial, this time in New York, which blamed osteoporosis drug Fosamax for jaw and dental injuries. This is Merck’s fourth Fosamax victory in five tries. The other: an $8 million verdict (reduced to $1.5 million).
There is no question that these cases have value. Even assuming this abysmal 20% rate is indicia of what we can expect in the future, do the math. These cases have meaningful value. That being said, if there is a global settlement of the remaining 2,000 cases, every loss chips away at the value of plaintiffs’ claims.