After a week of testimony by the plaintiffs’ witnesses, the first defense witness is to take the stand on Monday in a trial against Merck concerning its popular osteoporosis drug, Fosamax. The plaintiff, Shirley Boles, a 72 year old woman from Florida, alleges that the drug caused her to develop osteonecrosis of the jaw (“dead jaw”), a debilitating disease of her jaw bone. Merck denies the allegations. Ms. Boles’ case is one of a handful of test cases being tried in federal court in New York. Many more lawsuits have been filed making similar allegations. Additional claims link Fosamax use to femur fractures.


Symptoms of ONJ include increased infection of the gums, inflammation, jaw discomfort and pain, numbness and loose teeth. Generally, these symptoms develop over a few months, but increase in severity, especially after dental work. While there is no cure for ONJ, it is important to seek medical attention immediately if you have experienced these symptoms.

Ms. Boles’ oral surgeon, Dr. Charles Elwell, testified that he believes Ms. Boles’ ONJ was caused by Merck’s osteoperosis drug, Fosamax. According to testimony by plaintiff’s son, Ms. Boles suffers terrible pain and has lost forty pounds because she has considerable difficulty eating. Dr. Elwell further testified that Ms. Boles will need a total jaw replacement.


Although not an issue in the case currently being tried in federal court in New York, Fosamax has also been linked to femur fractures. Numerous stories are surfacing of long time Fosamax users sustaining femur fractures during low impact activities. These femur fractures are particularly unusual since the femur is one of the strongest bones in the body and therefore one of the hardest to fracture. The FDA is currently working with the American Society of Bone and Mineral Research Subtrochanteric Femoral Fracture Task Force to gather additional information about the connection between Femur fractures and Fosamax.


The lawyers at Bernstein Liebhard LLP are investigating the relationship between Fosamax and femur fractures, along with other side effects of the drug, including osteonecrosis of the jaw (ONJ).

If after using Fosamax, you or a loved one have experienced Fosamax side effects, including femur fractures or ONJ, you may be entitled to file a Fosamax lawsuit seeking financial compensation for medical bills, loss of income, pain and suffering, and other injuries. For more information contact an attorney at Bernstein Liebhard LLP at (877) 779-1414 or at, or visit our website for injured consumers,

Since 1993, Bernstein Liebhard has pursued hundreds of cases on behalf of injured consumers and shareholders, recovering almost $3 billion for our clients. For seven consecutive years, The National Law Journal has named the Firm as one of the top plaintiff’s litigation firms in the country.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016

ATTORNEY ADVERTISING. © 2010 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information
Felecia L. Stern, Esq.
Seth Ottensoser, Esq.
(877) 779-1414

Published June 18, 2010 by