DOW JONES NEWSWIRES A state court jury in New Jersey has ruled in favor of Merck & Co. (MRK) and rejected a woman's claims that the company's Fosamax drug caused jaw-related problems, marking Merck's latest victory in a string of litigation over its osteoporosis treatment. Merck has now won five of six Fosamax cases that have gone to trial, including another state court case in New Jersey last year. The drug maker is facing thousands of cases in state and federal courts, generally alleging that use of Fosamax can cause a jaw-destroying condition known as osteonecrosis and that Merck failed to properly warn of this risk. The plaintiff in the latest case said she used Fosamax from 2002 to 2008 and suffered various jaw problems and complications following the extraction of four teeth in October 2007. Christy Jones of Butler, Snow, O'Mara, Stevens & Cannada PLLC, which represents Merck, said the evidence showed Merck acted properly and said the plaintiff had medical conditions that could result in the development of jaw and dental problems, regardless of whether they were taking Fosamax. "We agree with the jury's verdict. The company provided appropriate and timely information about Fosamax to consumers and the medical, scientific and regulatory communities," said Merck General Counsel Bruce N. Kuhlik. "Fosamax is a safe and effective medicine when used in accordance with the label." As of Dec. 31, approximately 2,345 cases had been filed and were pending against Merck in either federal or state court, the company said. Merck's shares rose by 10 cents to $38.50 after hours. The stock is up 13% in the past 12 months. -By Nathalie Tadena, Dow Jones Newswires; 212-416-3287; nathalie.tadena@dowjones.com
