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Merck wins first FOSAMAX state court case

Merck & Co said a state court jury in New Jersey has given ruling in its favor in the Rosenberg case, discarding the claims of a woman who blamed her dental and jaw related problems on her FOSAMAX use.

FOSAMAX is indicated for the treatment and prevention of osteoporosis in postmenopausal women.

Reportedly, the plaintiff in this case alleged she used FOSAMAX from 1999 to 2006 and that she suffered various jaw problems and complications following a tooth extraction in December 2005.

Merck executive vice president and general counsel Bruce Kuhlik said the company provided appropriate and timely information about FOSAMAX to consumers and the medical, scientific and regulatory communities.

"FOSAMAX is a safe and effective medicine when used in accordance with the label," Kuhlik said.

Merck outside counsel Christy Jones of Butler, Snow, O’Mara, Stevens & Cannada said unfortunately, the plaintiff had medical conditions that can cause people to develop jaw and dental problems, regardless of whether they were taking FOSAMAX.

"She had an extensive history of periodontal and endodontic treatments and she took a number of powerful steroid medications that are known to suppress the body’s immune system and inhibit the body’s ability to heal," counsel said.

This is the fourth FOSAMAX case to go to trial.

With this verdict, Merck won the first state court case to go to trial in the coordinated NJ FOSAMAX litigation.

As of 30 September 2010, approximately 1,180 cases, which include approximately 1,560 plaintiff groups, had been filed and were pending against Merck in either federal or state court.