Merck & Co. is being sued by a 63-year old Delaware woman (the “Plaintiff”) who sustained a right femur fracture as a result of long-term Fosamax use. As a result of Plaintiff’s injury, she was forced to undergo internal fixation surgery of the right femur and an Intramedullary Rod was placed inside her.

The firm representing the Plaintiff, Bernstein Liebhard LLP, filed suit in the Superior Court of New Jersey, Law Division, Atlantic County against Merck & Co. (the “Defendant”). The complaint alleges that since at least 2008, Defendant knew that long-term Fosamax use was associated with atypical femur fractures. On January 7, 2008, the U.S. Food and Drug Administration (“FDA”) issued its first medical advisory, warning physicians and patients of the possibility of joint pain as a result of Fosamax. Subsequent studies have confirmed the connection between long-term use of Fosamax and atypical femur fractures. Despite its knowledge of the dangerous side effects associated with Fosamax use, Defendant refused to warn patients, physicians and the medical community about the risks.

The lawsuit seeks to recover compensatory and punitive damages for personal injuries suffered by Plaintiff as a result of Defendant’s negligent and wrongful conduct in connection with the research, testing, development, design, licensing, manufacturing, packaging, labeling, distribution, sale, marketing, and/or introduction into interstate commerce of Fosamax.

FDA Fosamax Femur Fracture Warning

In October 2010, the FDA issued a warning that Fosamax and other bisphosphonates put patients at risk for atypical thigh bone (femur) fractures. In addition to issuing that warning, the FDA required that bisphosphonate manufacturers, including Defendant, change the drugs’ labeling.

As a result of her femur fracture, Plaintiff, like thousands of other victims, suffered severe and personal injuries which are permanent and lasting in nature, including physical pain, mental anguish, diminished enjoyment of life, as well as the need for future medical treatment, and follow-up. Unfortunately, the number of people injured as a result of Fosamax use continues to grow. Fosamax users should be aware that each state has specific statutes of limitations defining the time periods for filing these types of cases. Individuals who took Fosamax and sustained a femur fracture should seek legal advice regarding the applicable statute of limitations and their individual claims to safeguard their legal rights.

Bernstein Liebhard LLP is actively investigating and litigating cases on behalf of clients who have suffered a Fosamax femur fracture. Bernstein Liebhard LLP has provided a wealth of consumer information concerning the risks associated with Fosamax use on its website, If you or a loved one took Fosamax and sustained a femur fracture, you may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries.

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

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.
(877) 779-1414

Published June 1, 2011 by