Facts

Alison Rosenberg developed osteonecrosis of the jaw (ONJ) that she claimed was due to Fosamax, an osteoporosis drug made by Merck. Rosenberg sued the company for damages. Her husband also sued the company for loss of consortium.

PLAINTIFF'S CONTENTIONS:
Rosenberg used Fosamax for approximately five years before developing ONJ, also known as "jaw bone death." She claimed to have suffered from jaw problems and complications after a tooth extraction.

DEFENDANT'S CONTENTIONS:
Merck claimed that Rosenberg's jaw problems were caused by infection and other medications she took that suppressed the immune system. Fosamax was intended for the treatment and prevention of osteoporosis in postmenopausal women.

Result

The jury determined that it was more likely than not that Rosenberg had the condition she claimed, which dealt a significant blow for the plaintiff. Merck faced about 1,180 Fosamax cases, including lawsuits with multiple patients.

Deliberation

seven hours