TRENTON, N.J., Sept. 11 (UPI) -- A federal judge in New
Jersey declared a mistrial in a case that claimed U.S.
pharmaceutical giant Merck & Co.'s drug Fosamax caused dental and
jaw problems.
The plaintiff, Shirley Boles, claimed the drug, sold as an
osteoporosis treatment for postmenopausal women, was responsible for
deteriorating bones in her jaw.
Judge John Keenan declared the mistrial after an
eight-person jury failed to come to a unanimous decision after
several days of deliberations.
The case, Boles v. Merck, was the first to go to trial among
899 cases involving Fosamax that have been filed against the
company.
In a statement released by Merck, company attorney Paul
Strain said a note passed from the jury to the judge indicated seven
of the eight jurors were in favor of dismissal.
"Seven of the eight jurors, including the jury foreperson
... agree that there is no evidence of proof that Fosamax caused
Mrs. Boles' injury," Strain said.