It took a New Jersey federal jury one hour and twenty minutes to determine that Fosamax did not cause a Plaintiff’s femur fracture. In the first verdict in a Fosamax case where the Plaintiff claims that the osteoporosis drug weakened her thigh bone, the jury said that Plaintiff did not prove her case.
After having taken Fosamax for eight years, Plaintiff, now fifty-eight, fractured her right femur requiring surgical repair. She sued, alleging that Fosamax caused her atypical femur fracture and that its manufacturer, Merck, failed to warn her doctor about the risk. Merck, pleased with the verdict, stated that the company provided appropriate and timely information about Fosamax to consumers.
Plaintiff’s suit had been transferred into the Fosamax femur fracture MDL, sometimes referred to as “Fosamax II” as an earlier Fosamax MDL was formed to deal with claims of osteonecrosis of the jaw (ONJ). Merck has said that there are about 3,300 Fosamax femur fracture cases, and about 1,230 ONJ cases.
In this case, Merck claimed that the Plaintiff was at risk for a “fragility fracture” that Fosamax reduced, but could not eliminate. They further claim that the Plaintiff did not sustain an atypical femur fracture.
This case had been selected for the second bellwether trial in the MDL. The first trial ended in a mistrial after the Plaintiff suffered a heart attack.