AS OF 08/01/11 MERCK SPENT $150 MILLION IN LITIGATION, $0 IN STUDYING ONJ

A review of Merck's public filings reveals that Merck has spent more than $150 million litigating approximately 1,500 cases involving Fosamax patients who developed bisphosphonate-related osteonecrosis of the jaw after taking Fosamax. This figure is certainly striking given the relatively small number of cases in litigation and given the fact that, of the 1,500 cases, Merck has only done active discovery in less than 50 of the cases. Perhaps more alarming is the fact that, while Merck has dedicated more than $150 million to its attorneys fees and expert costs, it has dedicated no money - - $0.00 - - to conducting any systematic study of its own between its drug Fosamax and the disease it causes, bisphosphonate-related osteonecrosis of the jaw. According to Merck employees who have testified in trials in New York City, Merck has not even attempted to formally address, in writing, whether it should or could study the relationship between its drug and osteonecrosis of the jaw.

The Fosamax Examiner