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Merck Wins Second Federal Fosamax Bellwether Trial

Merck has reported that a unanimous federal court jury in New York found in its favor in the Maley Merck case, rejecting the claims of a plaintiff who blamed her dental and jaw-related problems on her Fosamax use.

In the case, Merck had presented evidence that it acted appropriately in researching and developing Fosamax and in monitoring the medicine after it was placed on the market.

Merck’s clinical trials, conducted both before and following approval, have involved more than 28,000 patients, including more than 17,000 treated with Fosamax. The company provided appropriate and timely information about Fosamax to consumers and to the medical, scientific and regulatory communities.

Christy Jones of Butler, Snow, O’Mara, Stevens & Cannada PLLC, outside counsel for Merck, said: “We believe the company acted properly. Unfortunately, the plaintiff had multiple medical conditions that cause people to develop the jaw and dental problems she claims she has, regardless of whether they were taking Fosamax.”