Fosamax Class Action Lawsuits

Fosamax Lawsuit – You Don’t Need To Be Part Of A Fosamax Class Action Lawsuit To Succeed

On March 3, 2010, the U.S Food and Drug Administration (“FDA”) issued a drug safety communication on Fosamax, a drug used to treat osteoporosis. The communication informed doctors and patients of a possible link between Fosamax and femur fractures.  Fosamax is manufactured by Merck, and is one of the company’s blockbuster drugs.  However, a growing number of patients are reporting that Fosamax causes severe side effects such as femur fractures, osteonecrosis of the jaw (“ONJ”) and heart conditions.  Patients injured by the serious side effects associated with Fosamax may be entitled to file a Fosamax lawsuit seeking compensation for their injuries.  With a Fosamax lawsuit, injured patients may be able to collect compensation for:

• Medical bills
• Loss of income
• Pain and suffering
• Permanent disability costs
• Out-of-pocket expenses

Fosamax Lawsuits For Failure To Warn

In 2008, the FDA reached out to Merck about the link between Fosamax and femur fractures.  It took Merck sixteen months to insert an “adverse events” warning in its drug package concerning the link between Fosamax use and femur fractures.  In March 2010, the FDA took further action by issuing a drug safety communication.  Following the drug safety communication, many individuals chose to file a Fosamax lawsuit 2010.  Since that time, the number of Fosamax lawsuits has continued to rise.  Numerous Fosamax lawsuits against Merck allege that the company was negligent for failing to promptly warn Fosamax users about its dangerous side effects.

Fosamax Lawsuit For Femur Fractures

The first Fosamax lawsuits to be tried against Merck involved ONJ.  These cases were tried before Judge Keenan in federal court, in the U.S. District Court for the Southern District of New York.  In addition to the Fosamax lawsuits involving ONJ, Merck is also defending Fosamax lawsuits filed by individuals alleging that the drug caused them to sustain a femur fracture.  None of the Fosamax femur fracture lawsuits have yet reached the trial stage.  Given the debilitating nature of these side effects, the Fosamax lawyers at Bernstein Liebhard LLP are investigating cases of victims injured by Fosamax to determine whether a Fosamax lawsuit should be filed on their behalf.  You can sue without being part of a Fosamax class action.

Fosamax Class Action Lawsuit Or Individual Lawsuit

A class action lawsuit is a type of lawsuit where one individual brings a lawsuit and represents the claims of all other individuals who are similarly situated.  There are strict federal and state law rules concerning class actions, and it is ultimately the judge’s decision whether to allow a case to proceed as a class action.  Although femur fractures are common to individuals pursuing Fosamax lawsuits, each Fosamax lawsuit is distinct.  Your case does not have to be a Fosamax class action suit if you are injured.  Indeed, mass torts such as these rarely proceed as class actions.  Given the fact that each individual’s injuries are unique, the lawyers at Bernstein Liebhard LLP are filing individual Fosamax lawsuits on behalf of their clients injured as a result of taking Fosamax.  These individual Fosamax lawsuits have been consolidated into a mass tort action, which is pending before the Honorable Carol E. Higbee in New Jersey state court.  A mass tort action is a state tool that transfers, consolidates and coordinates all lawsuits involving similar claims against the same defendant pending in state court for pretrial purposes.

How To File A Fosamax Lawsuit

If you or a loved one experienced serious Fosamax side effects, you may be eligible to file a Fosamax lawsuit seeking compensation for your injuries and reimbursement for your expenses (you don’t have to be part of a Fosamax class action lawsuit).  Please contact us today for a free assessment of your potential Fosamax lawsuit and find out if you are eligible for compensation.