Drugmaker Merck says it will fight $8 million compensatory damages verdict in Fosamax trial

Merck hit with $8 million verdict in Fosamax trial

WHITEHOUSE STATION, N.J. — Drugmaker Merck & Co. was hit Friday with an $8 million jury verdict in the case of a Florida woman who says Merck’s osteoporosis drug destroyed her jaw bone — the company’s first loss of a Fosamax trial.

Merck attorney Paul Strain said the verdict by a federal jury in New York doesn’t match the evidence, so Merck will challenge the decision. Strain plans to file a motion on July 16 asking U.S. District Judge John Keenan to either reverse the verdict, in Merck’s favor, or set it aside and order a new trial.

The case was brought by Shirley Boles, 72, of Fort Walton, Fla., who took Merck’s Fosamax for about 10 years.

“She feels vindicated, absolutely vindicated,” said her attorney, Timothy O’Brien.

Merck said the woman’s dental problems were due to heavy smoking and periodontal disease.

O’Brien said the decayed jaw bone drains through her chin and she can only eat soft foods. A doctor testified that she will need to have part of the jaw bone cut out and replaced with other bone.

The jury awarded Boles $8 million in compensatory damages. It was the second trial for Boles, a retired sheriff’s deputy in the sex crimes unit in Oskaloosa County, Fla.

The first trial ended in a mistrial last September.

Merck faces more than 1,400 lawsuits alleging Fosamax harmed patients.