This Day On The Street
Continue to site
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here

Merck Wins Challenge to Fosamax

ATLANTIC CITY, New Jersey ( Courtroom View Network) -- Merck (MRK - Get Report) won a legal challenge to its Fosamax treatment for osteoporosis.

A New Jersey jury concluded on Monday that a Fosamax user did not suffer from osteonecrosis of the jaw (ONJ), and therefore she failed to show that Fosamax caused the harm.

Allison Rosenberg's physician prescribed for her the osteoporosis medication Fosamax (alendronate), even after she was no longer osteoporitic and was only mildly osteopenic. Rosenberg claimed that Merck knew and should have warned her physician that oral biphosphonates could cause ONJ. Rosenberg endured five operations to remove parts of her jaw.

Merck's legal counsel, Butler Snow's Christy Jones, argued that the company accurately and timely warned of a risk, and that Merck did not know, and does not even now know, whether Fosamax causes ONJ, because ONJ has so many causes.

The first question to the jury was, "Has the plaintiff proven that it is more likely than not that Allison Rosenberg had ONJ?" The jury voted "No," by a margin of 9-1.

Three prior Fosamax trials in federal court resulted in two defense verdicts and one plaintiff verdict. Merck has now won three of the first four Fosamax trials.
This commentary comes from an independent investor or market observer as part of TheStreet guest contributor program. The views expressed are those of the author and do not necessarily represent the views of TheStreet or its management.

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Only $9.95
14-Days Free
Dividend Stock Advisor

David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Real Money

More than 30 investing pros with skin in the game give you actionable insight and investment ideas.

Product Features:
  • Access to Jim Cramer's daily blog
  • Intraday commentary and news
  • Real-time trading forums
Only $49.95
14-Days Free
14-Days Free
MRK $54.91 -0.71%
AAPL $93.95 0.33%
FB $117.77 -0.67%
GOOG $696.36 -0.26%
TSLA $235.00 -2.80%


Chart of I:DJI
DOW 17,721.49 -169.67 -0.95%
S&P 500 2,057.74 -23.69 -1.14%
NASDAQ 4,755.5320 -62.0620 -1.29%

Free Reports

Top Rated Stocks Top Rated Funds Top Rated ETFs