Fosamax Cases to Face Causation, Preemption Challenges, Merck Says

  • Position Statement

NEW YORK - Plaintiffs asserting claims for jaw necrosis caused by ingesting Fosamax face major hurdles in proving their cases against Merck, according to a brief the drug maker filed recently in federal court. In Re: Fosamax Products Liability Litigation, MDL No. 1789 (S.D. N.Y.).

Merck says in a Nov. 21 position statement that it expects the evidence to show that the majority of plaintiffs alleging injuries caused by Fosamax, which belongs to a class of drugs used to treat osteoporosis called bisphosphonates, likely developed osteonecrosis of the jaw because of poor oral hygiene and were being treated with other …


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