Bellwhether Trial in NJ Gains Attention of Fosamax Lawyers
A woman from Pennsylvania and her Fosamax lawyers failed to convince the jury last month that her jaw injuries were brought on by Fosamax, an osteoporosis drug manufactured by Merck & Co., and it would be a tremendous help to future complainants and their attorneys to study the details of this specific lawsuit. An Atlantic City, New Jersey jury decided on February 14, that the said drug was not the reason Alison Rosenberg, 67 years old, developed osteonecrosis of the jaw (ONJ), or so-called “Dead Jaw,” a type of disease that causes bone tissue in the jaw to die.
“We’re here because Fosamax killed part of Mrs. Rosenberg’s jaw, ” one of Rosenberg’s lawyers said in a statement prior to the jury’s decision. The jury, however, did not agree. In the jury form, the first question posted was this: Was it more likely than not that Rosenberg had the condition she claimed? The jurors responded “no” by a count of 9 to 1. The jurors were not made to answers the remaining 3 questions in the verdict form signaling a victory for Merck & Co.
According to lawyers representing Merck, Rosenberg already has other health issues which may be a cause for jaw problems and she was taking medication that suppresses immune system function. “The evidence showed the company acted properly and that Fosamax did not cause the plaintiff’s dental and jaw problems,” was one of the statements made by a Merck lawyer.
Rosenberg’s case, a so-called “bellwether trial,” was the first of hundreds of Fosamax jaw bone injury lawsuits filed in state courts against Merck to be tried. These lawsuits all claim that Fosamax was the cause of ONJ and that the company failed to warn its consumers about the risks associated with its drug. A bellwether trial is one that is one of the first or the very first among similar cases to go to trial, and the outcome of which is expected to offer insight into how the remaining cases will be decided.
A few important points could be established when you use the Rosenberg case to see how a Fosamax femur fracture case would play out. First, because the jury did not believe the Pennsylvania woman suffered from ONJ, and this was sufficient to allow Merck to prevail, it is vital that a plaintiff be able to prove they are suffering from the condition they claim to have developed. Secondly, and implicit in the arguments set forth by Merck’s lawyers, is that it must be evident that Fosamax indeed caused a plaintiff’s injuries. ONJ and femur fractures can develop whether or not a person is taking Fosamax.
Proving that the osteoporosis drug is the cause of a bone injury therefore requires strong evidence such as medical records and/or expert testimony. More information can be acquired when you visit the Fosamax lawyer web site.