Judge: Damages in Fosamax Side Effects Case "Excessive"

New York, NYA federal judge recently ruled that an $8 million damage award in a case involving Fosamax side effects was "excessive."

US District Judge John F. Keenan in Manhattan said that Shirley Boles could either have a new trial or accept a $1.5 million award for the case surrounding Merck & Co.'s osteoporosis drug, according to the Wall Street Journal.

"The $8 million verdict is more likely explained by a jury out of touch with the amount of money that would reasonably compensate plaintiff for her injuries, than a jury seeking to punish Merck," the judge said.

The 72-year-old Boles claimed in her lawsuit that Fosamax caused her to develop osteonecrosis in her jaw, a condition that causes bone death.

Merck's attorneys said they were unhappy with the original jury verdict.

"We disagree with the jury's verdict and will vigorously defend against plaintiff's claims on appeal," said Paul Strain of Venable LLP, the firm that represented Merck. "We believe the verdict was contrary to the evidence presented at trial and influenced by plaintiff's counsel's inflammatory and prejudicial remarks."

Merck is currently facing more than 900 Fosamax lawsuits claiming that the drug can cause osteonecrosis and Boles' case was considered to be a bellwether, according to the news source.