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Merck will vigorously defend itself in a jury trial set to begin today in the Superior Court for Atlantic County, New Jersey. The company believes the evidence will show that FOSAMAX did not cause the plaintiff to develop dental and jaw related problems as she claims and that Merck provided appropriate and timely information about FOSAMAX to the medical, scientific and regulatory communities.
In Rosenberg v. Merck, the plaintiff alleges she used FOSAMAX from 1999 to 2006. The plaintiff further alleges she suffered various jaw problems and complications following a tooth extraction in December 2005.
“Unfortunately, the plaintiff had medical problems that cause people to develop jaw problems, regardless of whether they were taking FOSAMAX,” said Christy Jones of Butler, Snow, O’Mara, Stevens & Cannada PLLC, outside counsel for Merck. “She had an extensive history of periodontal and endodontic treatments and she took a number of powerful steroid medications that are known to suppress the body’s immune system and inhibit the body’s ability to heal. The evidence will show that the plaintiff would have experienced dental and jaw-related problems whether she took FOSAMAX or not.”
Judge Carol E. Higbee of the Superior Court for Atlantic County, New Jersey will preside over the trial.
"Merck acted responsibly in researching and developing FOSAMAX and in monitoring the medicine ever since it has been on the market. Our clinical trials, conducted both before and following approval, have involved more than 28,000 patients, including more than 17,000 treated with FOSAMAX," said Bruce N. Kuhlik, executive vice president and general counsel of Merck. "The company provided appropriate and timely information about FOSAMAX to consumers and to the medical, scientific and regulatory communities."
FOSAMAX was approved as a safe and effective medication by the U.S. Food and Drug Administration in September 1995 and is still on the market today and approved for multiple indications, including the treatment and prevention of osteoporosis in postmenopausal women.
Merck is represented by Christy Jones of Butler, Snow, O’Mara, Stevens & Cannada PLLC in Ridgeland, Mississippi and Eileen Muskett of Cooper Levenson April Niedelman & Wagenheim, P.A. in Atlantic City, New Jersey.
Status of Litigation
This is the fourth FOSAMAX case to go to trial. The first three trials were conducted as part of the federal multidistrict litigation proceedings before Judge John F. Keenan in the U.S. District Court for the Southern District of New York. The first case to be tried to a verdict, Maley v. Merck, resulted in a defense verdict for Merck in May 2010. The second case to be tried to a verdict, Boles v. Merck, initially resulted in a mistrial in September 2009 after the jury was unable to reach a unanimous verdict. A retrial of that case in June 2010 resulted in a plaintiff verdict, which has since been reduced by Judge Keenan and which Merck is appealing. The third case to be tried to a verdict, Graves v. Merck, resulted in a defense verdict for Merck in November 2010. As of September 30, 2010, approximately 1,180 cases, which include approximately 1,560 plaintiff groups, had been filed and were pending against Merck in either federal or state court.
FOSAMAX is indicated for the treatment and prevention of osteoporosis in postmenopausal women. FOSAMAX should not be used in patients with certain disorders of the esophagus that delay emptying, who are unable to stand or sit upright for at least 30 minutes, who have low levels of calcium in their blood, or in patients who are allergic to FOSAMAX. Some patients may develop severe digestive reactions including irritation, inflammation or ulceration of the esophagus. Patients who experience new or worsening heartburn, difficulty or pain when swallowing or chest pain should stop taking the drug and call their doctor right away. Patients who develop severe bone, joint and/or muscle pain at any time should contact their doctor. Osteonecrosis of the jaw, generally associated with tooth extraction and/or local infection with delayed healing, has been reported in patients taking bisphosphonates.
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Forward Looking Statement
This statement includes “forward-looking statements” within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Such statements may include, but are not limited to, statements about the benefits of the merger between Merck and Schering-Plough, including future financial and operating results, the combined company’s plans, objectives, expectations and intentions and other statements that are not historical facts. Such statements are based upon the current beliefs and expectations of Merck’s management and are subject to significant risks and uncertainties. Actual results may differ from those set forth in the forward-looking statements.
The following factors, among others, could cause actual results to differ from those set forth in the forward-looking statements: the possibility that the expected synergies from the merger of Merck and Schering-Plough will not be realized, or will not be realized within the expected time period; the impact of pharmaceutical industry regulation and health care legislation; the risk that the businesses will not be integrated successfully; disruption from the merger making it more difficult to maintain business and operational relationships; Merck’s ability to accurately predict future market conditions; dependence on the effectiveness of Merck’s patents and other protections for innovative products; the risk of new and changing regulation and health policies in the U.S. and internationally and the exposure to litigation and/or regulatory actions.
Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in Merck’s 2009 Annual Report on Form 10-K and the company’s other filings with the Securities and Exchange Commission (SEC) available at the SEC’s Internet site (www.sec.gov).
The Prescribing information and Medication Guide for FOSAMAX® is attached and is available at:
FOSAMAX® is a registered trademark of Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A.