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Jury Finds in favor of New Jersey Company in Osteoporosis Drug Case

After a three-week trial, a New Jersey federal court jury in Trenton found in favor of defendant Merck & Co. in a personal injury lawsuit that claimed the company's Fosamax osteoporosis treatment caused a woman's femur to fracture in 2009.

Plaintiff Bernadette Glynn, an active bicyclist and yoga practitioner, claimed that her leg broke when she bent over to pick up a lawn ornament while gardening.

Merck, based in Whitehouse Station, New Jersey, is the second biggest drug maker in the US.

The case was the first to receive a verdict out of about 3,300 femur-fracture lawsuits pending against the company. The company also faces another 1,230 cases alleging the drug caused similar fractures in jaws.

Glynn had sued Merck, claiming that the company aware Fosamax might cause brittle bones and increase the risk of fractures risks years before the drug went on sale to the public. She was prescribed the drug for low bone-mass density and took it for seven years, but has never actually had osteoporosis.

Her lawyer argued that five years before Fosamax won US regulatory approval Merck was warned that the drug could lead to spontaneous fractures in some patients by preventing their bones' natural daily repair of micro-fractures.

Merck started putting warnings about so-called atypical femur fractures on the drug's label starting in 2009.

Merck's lawyer told the New Jersey jury that studies showed patients who took Fosamax had fewer fractures over time than those who took a placebo. The company also claimed that Glynn's injury was the result of her bone condition, and that she actually tripped over a chain saw and fell - as the company said she reported to emergency workers on the day of the accident.

If you believe that a defective drug or any other defective product may have caused your personal injury, please contact a New Jersey personal injury law attorney at the Law Offices of Greenberg, Walden & Grossman, LLC.

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