Merck & Co challenges verdict awarding $8 million damages in Fosamax case

US drug giant Merck & Co said on Friday that it is challenging the decision returned by a New York jury in the retrial of a federal Fosamax (alendronate) case, Boles versus Merck, which awarded the 72-year old Florida-based plaintiff, Shirley Boles, who alleged the osteoporosis drug destroyed her jawbone (a condition known as osteonecrosis of the jaw causing serious pain and disability, compensatory damages of $8 million.

This case was the Plaintiffs' Steering Committee's top choice to take to trial and was a retrial of Boles vs Merck, a case that resulted in a mistrial in September 2009 after the jury was unable to reach a unanimous verdict. The first case to reach a verdict, Maley vs Merck, resulted in a defense verdict for Merck on May 5, 2010.

'We disagree with the jury's verdict. We believe the jury verdict was a result of plaintiff's counsel's inflammatory and prejudicial remarks," said Paul Strain of law firm Venable, outside counsel for Merck. "The plaintiff was at increased risk for dental and jaw problems even if she was not taking Fosamax,' he claimed.