Federal law does not preempt a product liability suit alleging that the maker of a generic form of Fosamax failed to update its warning label in conformity with revised brand-name warnings, the California Court of Appeal has ruled in affirming judgment.
In the latest bellwether case to go to trial over the osteoporosis drug Fosamax, a New York federal jury has awarded $285,000 to a woman who suffered injuries to her jaw after using the drug.
Irreconcilable contradictions in expert testimony prevented a product liability plaintiff from establishing that Merck failed to provide adequate warnings with the osteoporosis drug Fosamax, the 2nd Circuit has ruled in affirming judgment.
Six years after the first Fosamax lawsuit was filed, litigation over the osteoporosis drug is about to start a new chapter.
The suits against Merck, the drug’s manufacturer, fall into two categories: plaintiffs alleging they suffer from osteonecrosis, or jaw damage, and those claiming they suffered a non-traumatic femur fracture as a result of taking the drug.
The pendency of a Fosamax class action in another jurisdiction did not toll the statute of limitations for individual Fosamax claims, the Virginia Supreme Court has ruled in answering certified questions from the 2nd Circuit.
After mixed results in bellwether cases, and a recent string of defense verdicts, a special settlement master has been appointed to the Fosamax multidistrict litigation.
An $8 million verdict for a plaintiff who suffered from osteonecrosis of the jaw after taking Fosamax is excessive, and the plaintiff must choose between a new trial on damages or a remittitur to $1.5 million, a U.S. District Court has ruled.