On July 18, 2011, Judge Carol E. Higbee, who is presiding over the consolidated Fosamax litigation, held a status conference in the Superior Court of New Jersey, Atlantic County. The purpose of this conference was to update the Court on the status of discovery between the parties in cases alleging femur fractures or osteonecrosis of the jaw (“ONJ”) as a result of ingesting Fosamax, and to discuss case selection for upcoming trial settings. During the conference, the parties advised the Court that Merck, the manufacturer of Fosamax, is expected to produce millions of pages of documents over the next several months. In addition to addressing discovery issues, Judge Higbee also ordered that the parties select 30 cases, where plaintiffs allege femur fractures as a result of ingesting Fosamax, to be prepared as potential trial candidates for a June 2012 trial setting. Depositions in these cases are expected to commence in September 2011.

Recent Study Links Bisphosphonates to Esophageal Cancer

In addition to causing femur fractures and ONJ, recently, bisphosphonates such as Fosamax have been linked to an increased risk of esophageal cancer. On July 21, 2011, the U.S. Food and Drug Administration issued a drug safety communication announcing that it plans to initiate an investigation regarding the potential link between bisphosphonates and esophageal cancer. In addition to this latest investigation, the FDA is weeks away from convening an advisory panel to evaluate the risks associated with long-term use of Fosamax, Actonel, Boniva and Reclast. The panel, which will meet on September 9, 2011, will discuss whether ONJ and atypical femur fractures are due to long-term use of the bisphosphonates as well as whether their duration should be limited.

Fosamax Femur Fracture Lawsuits

If you or a loved one sustained an atypical femur fracture as a result of Fosamax use, you may be able to file a Fosamax femur fracture lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more.  Contact one of our Fosamax femur fracture lawyers today for a free and confidential evaluation. The lawyers at Bernstein Liebhard LLP have extensive litigation experience, and have recovered billions of dollars for their clients. In addition to being staunch advocates for your claim, our Fosamax injury lawyers also provide personal attention to guide you through the complex litigation process.


Published November 17, 2011 by