How Lawyers Could Learn From Fosamax Bellwether Trial

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. A question, which was first among several in the jury form went like this: Was it more likely than not that Rosenberg had the condition she claimed? Nine in ten jurors responded “no.” The jurors were not made to answers the remaining 3 questions in the verdict form signaling a victory for Merck & Co.

Referred to as a “bellwether trial,” Rosenberg's case is one of the hundreds of Fosamax lawsuits being filed against Merck & Co. The lawsuits all allege that the drug in question causes a patient’s bone jaw death and accuse Merck of failing to properly warn of the drug’s risks. 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.

You could gain a few important points when you use the Rosenberg case in anticipating how a Fosamax femur fracture case could turn 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.

You need to build a solid argument that is founded on strong evidence such as medical records and/or expert testimonies to prove beyond reasonable doubt that Merck's Fosamax was the cause of your bone injuries. Should you desire to gain more insight on the ongoing Fosamax litigation, visit the Fosamax lawyer information site.