Fosamax product liability lawsuit results in $8 million verdict against Merck
A Florida woman whose jaw bone was virtually destroyed after taking Fosamax for 10 years won an $8 million verdict last Friday. Merck, the maker of the popular osteoporosis drug, faces approximately 1,400 similar suits in which patients claim that they were also injured by Fosamax.
The Atlanta Journal Constitution has the story.
Shirley Boyles of Fort Walton, Florida began taking Fosamax in 1997 after her bone density showed signs of decreasing, a condition known as osteopenia. Fosamax is advertised as being able to prevent fractures in women suffering from osteopenia. In 2002, Boyles began having jaw problems including having to undergo tooth extractions and hospitalization. In 2006, Boyles stopped taking the drug.
At trial, a medical expert told jurors that Boyles’ jaw bone had decayed to the point where it began to drain through open sores on her chin. The expert also described how Boyles will have to undergo a surgery in which her jaw bone is removed and replaced with a separate bone. Merck argued throughout the trial that Boyles’ condition was due to periodontal disease and smoking.
The jury deliberated for four hours before finding that Fosamax caused Boyles' injuries and that the drug was "unreasonably dangerous" due to a defective design. Merck has promised to appeal the $8 million verdict on various legal grounds.
Fosamax was Merck's second highest selling drug until a generic pill came out three years ago. In 2005 alone, the drug pulled in $3.2 billion. Merck must now battle the remaining 1,400 lawsuits filed by patients who say that Fosamax caused their injuries.
Merck is no stranger to lawsuits alleging defective pharmaceuticals. Recently, Merck agreed to pay out a $4.85 billion settlement in response to 50,000 lawsuits that were filed by patients who took the popular painkiller Vioxx. Many Vioxx patients alleged that the drug caused strokes and heart attacks.
Our product liability attorneys are able to help patients such as Ms. Boyles who have been harmed due to a drug manufacturer's negligence. All too often, drug companies place patients at risk by putting dangerous and defective drugs in the marketplace. In many cases, dangerous side effects such as heart attack, stroke, angina, kidney failure, IBS, bone degeneration, behavioral changes and even wrongful death are the result. When a defective drug results in an injury, the injured patient has a right to file a lawsuit against the drug maker to recover their losses and to punish the drug company for the harm it caused.
