Fosamax Femur Fracture Lawsuits

Individuals nationwide have suffered femur fractures as a result of taking a drug known as Fosamax.  Plaintiffs in both federal and state courts have filed a growing number of 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. 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.  In complaints filed around the country, plaintiffs are alleging several multiple causes of action against the drug’s manufacturer. The causes of action asserted by plaintiffs 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.

Fosamax Femur Fracture Lawsuits:  Failure to Warn

Plaintiffs in their Fosamax femur fracture lawsuits 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.

Fosamax Femur Fracture Lawsuits:   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. The Fosamax femur fracture lawsuits assert that Merck should be held liable for manufacturing and marketing this unsafe drug to the general public.

Fosamax Femur Fracture Lawsuits:  Breach of Warranty

The Fosamax femur fracture lawsuits claim 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, the Fosamax femur fracture lawsuits allege 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 Fosamax femur fracture lawsuits, 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.