Merck Loses Final Bellwether Trial In Fosamax MDL

Law360, New York (February 5, 2013, 3:54 PM EST) -- Merck & Co. Inc. suffered a blow during the last bellwether trial in multidistrict litigation alleging bone drug Fosamax causes jaw deterioration, as a New York federal jury ruled Tuesday that the pharmaceutical giant failed to properly warn of the treatment's risks.

The jury found that Fosamax was not defectively designed, but still awarded plaintiff Rhoda Scheinberg $285,000 in damages for her failure-to-warn claim, Merck confirmed. The loss was only the second for the company in seven Fosamax bellwether trials.

With no other bellwether trials scheduled,...
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