Fosamax plaintiffs’ took another head shot Wednesday when another New Jersey state court jury found that a plaintiff’s osteonecrosis of the jaw (ONJ) was not caused by Fosamax. The defense verdict is the second big win for Merck in the New Jersey state court, Fosamax mass torts docket. Plaintiffs are now, I believe, 1-6. Not exactly a winning record.
This loss was another specific causation loss. The jury believed 5-1 that Fosamax was not a cause of plaintiff developing ONJ. The jury never got to the question of whether Merck’s warning on Fosamax was adequate.