Merck May Be Facing another Round of Lawsuits

By Nathan Abbott

Published on February 12, 2007

Already staggering after spending a reported $500 million in legal costs for 2006 Vioxx litigation (with over 27,000 cases still pending) NJ-based pharmaceutical company Merck & Co is staring down the barrel of another potentially disastrous string of legal battles. The use of Merck’s osteoporosis drug Fosamax has been tied to osteonecrosis, a slow and permanent decaying of the jawbone, and the company is preparing for more litigation.

Fosamax belongs to a category of drugs called bisphosphonates, and is intended to help prevent the decay of bone tissue due to osteoporosis. Doctors have been suspicious for years that it might lead to jaw decay, and in the last few years, medical professionals have begun seeing a real correlation between Fosamax use and osteonecrosis.

The Food and Drug administration has ordered Merck and the makers of other bisphosphonates to list osteonecrosis along with the other potential side effects.The American Association of Endodontists recently issued a statement recommending dental surgeons make sure their patients are not currently taking the drug before working on their teeth, as the potential decay could cause great problems.

Merck reports that they have set aside $48 million in a defense fund for Fosamax cases.

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