On September 7, 2011, Secrest v. Merck, the fifth Fosamax lawsuit in In re Fosamax Products Liability Litigation began in the U.S. District Court for the Southern District of New York.  This Fosamax lawsuit is part of a consolidated multidistrict litigation pending before Judge John F. Keenan.  The plaintiff in this Fosamax lawsuit alleges that as a result of taking the bisphosphonate, she suffered osteonecrosis of the jaw (“ONJ”), a serious side effect of Fosamax.  Prior to the commencement of this Fosamax lawsuit, Merck, the defendant and manufacturer of Fosamax, released a statement claiming the plaintiff’s injuries were pre-existing and not a side effect of Fosamax use.  Additionally, the plaintiff in this Fosamax lawsuit alleges that Merck failed to adequately warn consumers that ONJ was a potential side effect of Fosamax.  Again, Merck’s pre-trial statement defended the company stating that, “the evidence will show that Merck acted responsibly in researching and developing Fosamax and in monitoring the medicine ever since it has been on the market.” Notably, in addition to this current Fosamax lawsuit, Merck is defending thousands of others filed by individuals who suffered from a side effect of Fosamax, including lawsuits filed by those who suffered a Fosamax femur fracture.

Side Effect of Fosamax:  ONJ

Although Fosamax is intended to treat bone loss associated with osteoporosis and other diseases, one side effect of Fosamax is ONJ or jaw bone death.  ONJ is an extremely painful and disfiguring bone disease.  In July 2005, Merck changed the drug’s labeling to add ONJ as a potential side effect of Fosamax.  Patients who developed ONJ, which is only one side effect of Fosamax, have filed Fosamax lawsuits against Merck seeking compensation for their injuries.  In addition to ONJ, femur fractures are another serious side effect of Fosamax.  Although not part of the consolidated litigation that is currently pending before Judge Keenan, hundreds of Fosamax femur fracture lawsuits have been filed nationwide, many of which have been consolidated in New Jersey state court.

Fosamax Lawsuit Coincides With FDA Panel’s Safety Review

In addition to the Fosamax lawsuit beginning in the Southern District of New York, an advisory panel of the U.S. Food and Drug Administration will meet on Friday, September 9, 2011 to discuss whether the risk of femur fractures, another side effect of Fosamax, warrants a recommendation that would require Fosamax users to take a “drug holiday” after a prolonged period of continuous use.

File a Fosamax Lawsuit

If you or a loved one sustained a side effect of Fosamax, such as a femur fracture, as a result of using the medication, you may be able to file a Fosamax lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more.

Contact one of our lawyers today for a free and confidential Fosamax lawsuit evaluation. The lawyers at Bernstein Liebhard LLP handling the Fosamax femur fracture lawsuits have extensive litigation experience, and have recovered billions of dollars for their clients. In addition to being staunch advocates for your claim, our Fosamax lawyers also provide personal attention to guide you through the complex litigation process.

Published September 8, 2011 by