The opening statements from the Fosamax lawsuit Secrecst v. Merck provide a window into how each party’s counsel will attempt to sway jurors.
Linda Secrest alleges that she developed osteonecrosis of the jaw (ONJ) due to using the bone-strengthening medication Fosamax. Her case is one of more than 1,000 similar claims filed against manufacturer Merck & Co. in federal courts and consolidated in the U.S. District Court for the Southern District of New York before Judge John F. Keenan. Four ONJ Fosamax lawsuits have previously been tried, with Merck successfully defending itself in all but one.
In the opening statements of Merck v. Secrest on September 8, 2011, plaintiff’s counsel addressed the jury, stating a number of points: that Fosamax causes ONJ, it was reasonable for Merck to foresee that Fosamax could cause ONJ, Merck failed to study the ability of Fosamax to cause ONJ, and Merck overstated the efficacy of Fosamax. Specifically, counsel stated that Secrest’s injuries “didn’t have to happen” and “lacked the capacity to heal.”
Merck’s counsel countered by alleging that the plaintiff’s medical condition, including a history of dental problems, was to blame for her jaw injuries. The defense also argued that Fosamax was not defectively designed and that Merck did investigate the drug’s ability to cause ONJ but failed to uncover solid evidence.
Merck Additionally Preparing to Defend Fosamax Femur Fracture Lawsuits
Coinciding with the Fosamax ONJ multidistrict litigation (MDL) is a second mass tort faced by Merck in New Jersey District Court. The MDL, overseen by Judge Garrett E. Brown, was formed in May 2011 to deal with a growing number of lawsuits alleging that Fosamax causes thigh bone breaks after little or no impact. It currently contains hundreds of claims, although that number is expected to rise significantly in the coming months. The first trial is expected to begin in April.
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If you believe that Fosamax use caused your femur injury, don’t hesitate to speak with the Rottenstein Law Group. Our lawyers will do everything possible to ensure you are fairly compensated for your injuries. To determine your eligibility for a Fosamax lawsuit, complete this form or call 1-877-332-2347.