Commonly prescribed to postmenopausal women for the treatment of osteoporosis and osteopenia, Fosamax has been linked to several severe side effects. Although a surge in adverse event reports coupled with mounting evidence from medical studies and research concluding that Fosamax is, in fact, linked to side effects such as osteonecrosis of the jaw (“ONJ”) and femur fractures, a Fosamax recall has not been issued. However, the U.S. Food and Drug Administration (“FDA”) is addressing growing health care concerns. The agency is currently conducting an ongoing safety review of Fosamax. This safety review has resulted in a series of alerts, warnings and advisories in order to warn health care providers and consumers about the dangerous side effects associated with Fosamax use. Although a Fosamax recall may not be immediately forthcoming, the drug has been the target of increased media attention and heightened FDA scrutiny. Given the onslaught of warnings, as new studies are conducted and research continues to expose dangers, a Fosamax recall becomes increasing likely.

Even Without A Fosamax Recall, Fosamax Litigation Continues To Mount

Notwithstanding that fact that a Fosamax recall has not been issued, Fosamax litigation continues to rise. If you were injured as a result of Fosamax, you may be entitled to compensation for your injuries.  Victims should not be deterred from pursuing Fosamax litigation based on the absence of a Fosamax recall. In other words, the success of the Fosamax litigation is not dependent on whether there is a Fosamax recall. In fact, Merck is currently embroiled in Fosamax litigation in both state and federal courts.  The majority of the Fosamax litigation involves lawsuits brought by individuals who developed ONJ or sustained femur fractures as a result of taking Fosamax.  Given the onslaught of FDA warnings, new studies linking Fosamax to various side effects, Fosamax litigation against Merck will continue to grow regardless of whether a Fosamax recall is issued.

Fosamax Litigation: Femur Fractures And ONJ

Although thousands of lawsuits have been filed against Merck in both federal and state courts, there are two groups of plaintiffs alleging different Fosamax-related injuries. Most courts are addressing these two distinct injuries separately, grouping plaintiffs who have sustained femur fractures in one trial pool and plaintiffs who have developed ONJ in another. In both federal and state courts, the ONJ cases have moved forward first. All of the federal Fosamax lawsuits brought by plaintiffs alleging that their Fosamax use caused them to develop ONJ have been consolidated into a multidistrict litigation, which is pending before Judge Keenan in the U.S. District Court for the Southern District of New York. Four of the federal ONJ cases have already gone to trial. Recently, Judge Keenan issued an order scheduling three additional trials, which are expected to commence in May 2012. In addition, the initial group of ONJ cases, currently pending in New Jersey state court are scheduled for trial in February 2012. Notably, none of the Fosamax lawsuits involving femur fractures have yet to go to trial.

Femur Fractures And Fosamax Litigation

Currently, the lawyers at Bernstein Liebhard LLP are investigating and filing cases on behalf of individuals who sustained a femur fracture as a result of taking Fosamax.  The absence of a Fosamax recall is not expected to impact the outcome of the Fosamax litigation. A plethora of medical studies concluding that prolonged use of Fosamax can result in a femur fracture provides ample support for individuals involved in the Fosamax litigation. In addition to supporting plaintiffs’ claims, these recent findings may influence regulators to issue a Fosamax recall in the future. However, even if a Fosamax recall does not occur, victims who sustained a femur fracture should not be deterred from filing a Fosamax litigation claim.

Contact A Fosamax Litigation Lawyer

If you took Fosamax and sustained a femur fracture, contact one of our Fosamax injury attorneys to discuss your legal rights and options. If you fractured your femur while taking Fosamax, you may be entitled to compensation for your injuries. In addition to being staunch advocates for your claim, our Fosamax lawyers also provide personal attention to guide you through the complex Fosamax litigation process.

Published January 6, 2012 by