Calif. Appeals Court Upholds Verdict for Merck in Fosamax Femur Fracture Case

RIVERSIDE, Calif. — A California appeals court has upheld a verdict in favor of Merck in a Fosamax case, finding the trial judge did not err in structuring the special verdict form to ask the jury first whether the plaintiff suffered an atypical femur fracture.

On April 24, the California Court of Appeal, 4th District, further held that the trial court did not err in letting the jury hear a portion of the cross-examination of a physician in a New Jersey case whom the plaintiff had extolled for his expertise during the trial.

In 2000, Sheila Galper began taking Merck’s …