Fosamax Osteonecrosis of the Jaw Lawsuit Verdict
A federal jury has awarded $8 million to a woman who suffered osteonecrosis of the jaw from side effects of Fosamax. The case was set for an early trial to serve as a bellwether case in the federal MDL, allowing those involved in the Fosamax litigation to gauge the strengths and weaknesses of hundreds of other case and to help predict how juries may respond to evidence that is likely to be repeated in other cases.
>>INFORMATION: Fosamax Osteonecrosis of the Jaw Lawsuits
This case, which involved a Fosamax lawsuit filed by Shirley Boles, originally went to trial last September, but ended in a mistrial after jurors could not agree on a verdict. The retrial began in May, and the jury came back with a plaintiff’s verdict last week awarding $8 million. The case was tried by Gary Douglas of Douglas & London and Timothy O’Brien of Levin Papantonio.
Fosamax lawsuits brought by Boles and other plaintiffs all include similar allegations that the osteoporosis drug causes osteonecrosis of the jaw (ONJ), a painful condition that results in jaw decay, loss of bone structure and in some cases may require portions of the jaw to be surgically removed. There is no cure for osteonecrosis of the jaw from Fosamax, leaving many sufferers with permanent disfiguration and diminished quality of life.
The Boles’ lawsuit was a particularly difficult case for plaintiffs, which makes the award an even stronger sign of the Fosamax problems Merck faces in continuing to defend these cases at trial. Judge John Keenan, who is overseeing all of the federal Fosamax litigation, limited the evidence Boles’ attorneys could introduce involving Merck’s actions after 2003, as it was determined that Boles developed ONJ no later than September 2003. This eliminated some of the most damaging evidence against the drug maker.
FOSAMAX LAWSUITS FOR OSTEONECROSIS OF THE JAW
Merck currently faces hundreds of other similar Fosamax osteonecrosis of the jaw lawsuits filed on behalf of individuals throughout the United States. In addition, given the cumulative effect that the drug can have as it is taken for long periods of time, individuals continue to develop this painful and disfiguring jaw problem as a result of Merck’s failure to adequately warn about the side effects of Fosamax.
The Fosamax osteonecrosis of the jaw lawyers at Saiontz & Kirk, P.A. are continuing to review new cases for individuals who have been diagnosed with ONJ or are experiencing symptoms of the jaw damage, such as:
- Jaw Pain
- Infection of the gums or jaw
- Loosening of the teeth
- Poor healing gums
- Numbness or feeling of heaviness in the jaw
- Exposed jaw bone in the mouth
To review a potential Fosamax lawsuit for osteonecrosis of the jaw on behalf of yourself, a friend or family member, request a free consultation and claim evaluation.
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