On September 8, 2011, opening statements in Secrest v. Merck, a Fosamax lawsuit that is part of the consolidated litigation, In re Fosamax Products Liability Litigation, took place.  Pending in the U.S. District Court for the Southern District of New York, this bellwether Fosamax lawsuit is before Judge John F. Keenan.  It is anticipated that this Fosamax lawsuit jury trial will last several weeks.  The plaintiff, Linda Secrest, alleges that as a result of taking the drug, she developed osteonecrosis of the jaw (“ONJ”), a side effect of Fosamax.

Plaintiff’s Opening Statements Focus On ONJ As Serious Side Effect Of Fosamax

Following the previous day’s jury selection, on September 8, 2011, the Fosamax lawsuit began with plaintiff’s counsel explaining to the jury that Linda Secrest’s Fosamax jaw deterioration “didn’t have to happen.”  In his client’s case, the side effect of Fosamax was that her significant jaw injuries “lacked the capacity to heal.”  He told the jury that her jaw injuries, which were a side effect of Fosamax, occurred because the drug is unreasonably dangerous and that the benefit of taking it does not outweigh the risk.  He told the jurors that there is no evidence that Fosamax prevents fractures in people who do not have osteoporosis.

Merck Defends Fosamax Lawsuit Allegations:  Plaintiff’s Injuries Were Not A Side Effect Of Fosamax

Counsel for Merck, the manufacturer of Fosamax, focused on two themes during opening statements.  First, the defense claimed that plaintiff did not develop ONJ as a side effect of Fosamax; instead her pre-existing medical condition and a history of dental problems caused her injuries.  Second, the defense maintained that Fosamax was not defectively designed.  In addition to denying a design defect, Merck maintained that once it became aware that ONJ was a possible side effect of Fosamax, it conducted an investigation, which ultimately concluded that there was no reliable evidence linking Fosamax to ONJ.

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 13, 2011 by