If you took Fosamax and suffered an atypical femur fracture, you may be eligible to file a Fosamax femur fracture lawsuit.  Individuals nationwide have suffered femur fractures as a result of taking the bisphosphonate, Fosamax.  Plaintiffs in both federal and state courts are actively filing Fosamax femur fracture lawsuits, alleging that they suffered damages as a direct and proximate result of the negligent and wrongful misconduct of Merck & Co., the manufacturer of Fosamax.

A Fosamax femur fracture lawsuit seeks compensation for:

  • medical expenses;
  • pain and suffering;
  • lost wages; and
  • other injuries.

Ironically, Fosamax, a drug used to treat patients with osteoporosis, has caused the very same patients to suffer atypical femur fractures, especially after long-term use of the drug.  A wave of recent studies has concluded that long-term use of the bisphosphonate can cause a Fosamax femur fracture.  Fosamax fractures can occur during low impact activities.  Fosamax femur fractures are particularly unusual since the femur is one of the strongest bones in the body and thus one of the hardest to break.

The lawyers at Bernstein Liebhard are currently investigating and filing lawsuits on behalf of individuals who sustained a Fosamax hip fracture.  Contact one of our attorneys for a free and confidential evaluation of your potential Fosamax femur fracture lawsuit.

Fosamax Femur Fracture Lawsuit Allegations

In complaints filed around the country, plaintiffs are alleging several multiple causes of action against the drug’s manufacturer. The typical causes of action asserted by a plaintiff filing a Fosamax femur fracture lawsuit include:  failure to warn consumers of the risks associated with the drug, that the defective design of the drug makes it unsafe, and breach of implied and expressed warranties.

Failure to Warn

Those pursuing a Fosamax femur fracture lawsuit allege that Merck was in a superior position to know of the harmful effects of Fosamax, and therefore should have disclosed that information to the public. Specifically, Merck knew, or should have known, that their representations and warranties regarding Fosamax were misleading and false. Had patients been given accurate and adequate warnings about the risks associated with Fosamax, it is probable that many patients would have opted for another form of treatment.

Unsafe Drug and Design Defect

Plaintiffs are also alleging in their Fosamax femur fracture lawsuits that when Fosamax was manufactured, it was designed and labeled in an unsafe and defective condition, which was extremely dangerous for use by the public. Moreover, Merck should have known that the foreseeable risks were far greater than the supposed benefits associated with the design and formulation of Fosamax. A Fosamax femur fracture lawsuit seeks to hold Merck liable for manufacturing and marketing this unsafe drug to the general public.

Breach of Warranty

Fosamax femur fracture lawsuit allegations are based on the theory that the drug was formulated, manufactured, marketed, labeled, and sold by Merck with implied warranties that the drug was fit for its intended use, which is as a treatment for osteoporosis, and without any risk of enduring damage to the consumer’s body and health. The Fosamax femur fracture lawsuits allege that Merck breached those implied warranties to consumers and purchasers by manufacturing, marketing, packaging, labeling and selling Fosamax with the increased risk of injury, namely suffering femur fractures, without warning or disclosing such risks on the packaging and labeling to both consumers and physicians.

Additionally, the Fosamax femur fracture lawsuits allege that Merck expressly warranted in its manufacturing, design, marketing and promotion of Fosamax that the drug was safe and fit for use by the public, that it was of high quality, that its side effects were nominal and that it was properly tested and fit for its intended use in the marketplace.

Finally, a Fosamax femur fracture lawsuit alleges that Merck misrepresented the true safety and effectiveness of Fosamax and failed to warn consumers of the potential adverse side effects associated with the use of Fosamax.

Filing A Fosamax Femur Fracture Lawsuit?

If you or a loved one has been injured by Fosamax, or if you would like more information about filing a Fosamax femur fracture lawsuit, please contact one of our Fosamax injury attorneys today for a free assessment of your potential Fosamax femur fracture lawsuit and find out if you are eligible for compensation. 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 lawyers also provide personal attention to guide you through the complex litigation process.

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Published November 17, 2011 by