The next Fosamax trial, alleging osteonecrosis of the jaw, is likely starting this upcoming Monday, with jury selection today (HT: Shearlings Got Plowed). The case will go before the U.S. District Court for the Southern District of New York (Manhattan).
In the Maley case, Merck tried to get a dismissal based on inadequate specific causation, but that attempt failed back in January. Merck contends that the plaintiff does not have osteonecrosis of the jaw but, instead, has a condition known as neuralgia-inducing cavitational osteonecrosis (NICO). A specific diagnosis of the plaintiff’s condition is likely to be a big issue at trial.
For more on Fosamax, see prior posts of the Drug Recall Lawyer Blog.