This case is less meaningful, in the grand scheme of things, than any of the bellwethers. As a simple state court trial, it only decides Mrs. Rosenberg’s Fosamax® claim — not any of the related cases. Moreover, it will not carry much influence in the overall settlement posture (and discussion) of the some 1,200 MDL cases pending in the federal courts, at the moment.
Bloomberg has it thus:
. . . .Merck. . . said Monday it won a third lawsuit brought by a patient who said the company’s former blockbuster osteoporosis drug Fosamax caused dental and jaw problems. . . .
The company faces more than a thousand lawsuits brought by patients who say they developed jaw and dental problems including osteonecrosis of the jaw — or rotting of the jawbone — after using Fosamax. . . .
On Monday the company said a jury in the Superior Court for Atlantic County, N.J., found that Fosamax did not cause the patient’s dental and jaw problems. The patient used Fosamax from 1999 to 2006, and suffered jaw problems after having a tooth removed in December 2005. . . .
Next up: Secrest in March 2011, in the federal District Courts in Mnahattan, before Judge John Keenan.