Hughes Hubbard recently helped Merck score another major trial victory against a plaintiff who alleged that Merck’s osteoporosis drug Fosamax caused her to experience jaw injuries.
Following a three-week trial, a jury in the U.S. District Court for the Southern District of New York found that Fosamax was not responsible for the plaintiff’s alleged osteonecrosis (death of bone tissue) of the jaw. The verdict marks the firm’s third consecutive trial win—and its fourth trial win overall—against a plaintiff alleging such injuries.
This "bellwether" case is part of a large, multidistrict litigation that has received considerable press attention. The outcome will be used to determine the course of litigation in nearly 1,000 cases involving similar claims against Merck.
The Hughes Hubbard team, led by Bill Beausoleil, worked with Merck’s other outside counsel and played a key role in the trial, briefing and arguing motions and objections and preparing experts to testify, among other work. Jessica Studness, Bill Hennessey, Parker Hutchinson, Julia Zousmer, Michaela McDermott, Patrick Selby, Sarah Wukoson and Cheryl McKeever also worked on the case.