Boles Fosamax® ONJ Case Settles — By Confidential Agreement

According to a report published in, it appears that the latest in-court status conference revealed an agreed settlement of the Boles Fosamax® ONJ claims. Do go read it all, but here is a bit:

. . . .A Fosamax lawsuit filed by a woman who suffered from Fosamax jaw damage has reached a confidential damages agreement. . . .

The plaintiff, Shirley Boles, first brought a claim against Merck & Co., manufacturer of the popular osteoporosis drug, in September 2009, alleging that the drug caused her to suffer from osteonecrosis of the jaw. The first Fosamax jaw lawsuit resulted in a mistrial. In a subsequent trial in June 2010, a jury awarded Boles $8 million in damages—which a judge later deemed excessive, and reduced to $1.5 million. Rather than accepting the reduced amount, Boles sought a third trial which was set to begin this month. However, before the trial commenced, the parties reached a confidential damages agreement. The amount of damages has not been disclosed. . . .

Good news for all involved — and it removes some uncertainty from Merck’s exposure profile here. Even so, the next Fosamax case — Scheinberg — goes to trial on January 15, 2013.


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