Bernstein Liebhard LLP reports that on February 27, 2012, a jury trial began in the Superior Court for Atlantic County, New Jersey in In re: Fosamax Litigation (No. 282 N.J. Super Ct.). Flores v. Merck and Sessner v. Merck, which are both part of the consolidated state court litigation and are being tried together. The Honorable Carol E. Higbee, who is overseeing the mass tort action, is presiding. Plaintiffs in both cases allege that their Fosamax use caused them to develop osteonecrosis of the jaw (“ONJ”). Opening statements are expected to begin on Thursday, March 1, 2012. This is the sixth Fosamax ONJ lawsuit to go to trial. Although approximately 2,000 Fosamax lawsuits have been filed and are currently pending in federal or state courts nationwide against Merck, the injuries alleged by plaintiffs fall into two distinct categories. One group of Fosamax lawsuits alleges that the drug caused plaintiffs to develop ONJ, while the other group of plaintiffs alleges that Fosamax caused them to sustain Fosamax femur fractures.

The lawyers at Bernstein Liebhard LLP are currently representing clients and actively filing cases on behalf of those who sustained atypical femur fractures following long-term use of Fosamax. Even though none of the Fosamax femur fracture lawsuits have gone to trial, the Firm is carefully monitoring all Fosamax lawsuit news and developments, including those in the ONJ cases in order to anticipate issues that may arise in the femur fracture litigation.

Fosamax Femur Fracture Trials Expected To Follow ONJ Cases

On December 20, 2011, Judge Higbee issued a Case Management Order, which established deadlines that will govern the course of the Fosamax litigation in New Jersey state court for both the ONJ and femur fracture cases. In addition to providing deadlines for pre-trial motions related to the Fosamax ONJ trial that is currently underway, at the time, Judge Higbee also addressed discovery issues related to the Fosamax femur fracture cases. As stated in the December 20, 2011 order, the Court anticipates the femur fracture cases proceeding to the next level of discovery at the same time the ONJ cases are tried. The next discovery phase will include deposing medical provider and fact witnesses who can testify about Fosamax and its link to femur fractures.

Fosamax Warning Regarding Fosamax Femur Fractures

In October 2010, the U.S. Food and Drug Administration issued a Fosamax warning that Fosamax and other bisphosphonates put patients at risk for atypical thigh bone (femur) fractures.*** Since that time, Bernstein Liebhard LLP has provided a wealth of consumer information concerning the risks associated with Fosamax use on its website, Those who took Fosamax and sustained a femur fracture may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries.

For more information about filing a lawsuit, contact a Fosamax lawyer at Bernstein Liebhard LLP at (877) 779-1414 or at

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past nine consecutive years. Only two firms in the country have been selected for the Hot List nine years in a row.

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New York, New York 10016
(877) 779-1414

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Published February 28, 2012 by