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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Case Information

Case Title

In Re: Fosamax Products Liability Litigation


Case Number

1:06-md-01789

Court

New York Southern

Nature of Suit

Judge

John F. Keenan

Date Filed

August 18, 2006


Case Title

Scheinberg v. Merck & Co., Inc.


Case Number

1:08-cv-04119

Court

New York Southern

Nature of Suit

Personal Inj. Prod. Liability

Judge

John F. Keenan

Date Filed

May 1, 2008

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