Bernstein Liebhard LLP reports that on February 3, 2012, the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) ordered that all Fosamax lawsuits filed in federal court by individuals alleging that they sustained an atypical femur fracture as a result of taking the bisphosphonate, can also include plaintiffs who took similar medications such as Reclast or Boniva as long as they did, in fact, take Fosamax. In other words, lawsuits brought by individuals who took Fosamax as well as other bisphosphonates will be transferred and included into the ongoing Fosamax femur fracture multidistrict litigation, In re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II) (“MDL No. 2243”), which is currently underway in the U.S. District Court for the District of New Jersey. The JPML order essentially expanded the Fosamax litigation to include not only plaintiffs who have taken Fosamax, but those who have taken Fosamax and other bisphosphonates. On May 23, 2011, when the MDL was originally formed, the JMPL ordered that all federal Fosamax lawsuits, filed by individuals alleging that the bisphosphonate caused them to sustain a femur fracture, be consolidated and centralized in the U.S. District Court for the District of New Jersey and assigned to the Honorable Garrett E. Brown, Jr. At the time, only plaintiffs who solely took Fosamax were included in the MDL.

Side Effects Of Fosamax Common Amongst Bisphosphonates

Fosamax, Boniva and Reclast are similar medications used to treat osteoporosis and prevent bone loss; they all belong to the same class of drugs, known as bisphosphonates. Notwithstanding their similarities, the MDL was originally limited to lawsuits filed by individuals who took Fosamax. However, the JPML was forced to reconsider this limitation after a motion was made to include a lawsuit filed by a woman claiming that she sustained both right and left femur fractures by taking Fosamax, Boniva and Reclast. In determining whether this lawsuit should be transferred to the Fosamax MDL, the JPML noted that because the side effects of Fosamax are similar to those experienced by individuals who take Boniva and Reclast, the lawsuits involve common questions of law and fact, which justify inclusion into the centralized Fosamax MDL. Specifically, the JMPL order stated, “Although most of the presently centralized actions involve questions of fact arising from allegations that the use of Fosamax or its generic equivalent alone caused femur fractures or similar bone injuries, plaintiffs in at least five of the centralized actions allege that they suffered femur fractures as a result of their use of either Fosamax and Reclast or Fosamax and Boniva.” Fosamax, manufactured by Merck, is the most commonly used bisphosphonate in the United States for the treatment of osteoporosis.

FDA 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,

The lawyers at Bernstein Liebhard LLP are currently representing clients and actively filing cases on behalf of individuals who allegedly sustained a femur fracture as a result of taking Fosamax. 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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Published February 9, 2012 by