A testimony heard in a recent bellwether trial for Fosamax lawsuits may have revealed certain confidential information regarding the Merck & Co.-manufactured drug’s effectiveness, Ring of Fire radio reports.

According to the article published Feb. 19, the company’s Associate Vice President for Clinical Research testified in court that Fosamax, a bisphosphonate, may not be effective in reducing fractures for patients without osteoporosis. However, the label for Fosamax clearly says it is effective in doing so for patients with osteoporosis and pre-osteoporosis.

When he was cross-examined by a Fosamax lawyer, the witness was asked to confirm the following statement:

“It’s my understanding, based on the clinical trial evidence that Merck had and presented to the FDA, Merck cannot say that for those patients without osteoporosis that the use of Fosamax prevents fractures, right?”

To which he responded, “That’s correct, it doesn’t – – what you said is correct.”

Fosamax Lawsuits Allege Femur Fractures, Osteonecrosis of the Jaw

This information may affect the future litigation of Fosamax lawsuits given the fact that the bone-loss medication continues to be prescribed to women without osteoporosis. Prescriber data indicates that 75-80 percent of all Fosamax users are non-osteoporotic, Ring of Fire reports.

Both long and short-term use of Fosamax has been linked to osteonecrosis of the jaw (ONJ) and atypical femur fractures, which is a particularly unusual injury since the femur is one of the strongest bones in the body. This makes it one of the hardest to break.

Plaintiffs in Fosamax lawsuits allege Merck & Co. failed to warn of the risks associated with the medication, and that the bone-loss drug is defectively designed.

In November 2012, a plaintiff’s steering committee for the multidistrict litigation (MDL) handling federally-filed Fosamax lawsuits in the U.S. District Court for the Southern District of New York asked the judge overseeing the proceedings for an end date. This litigation was created in November 2011 to consolidate the 1,500 lawsuits filed by patients who suffered osteonecrosis of the jaw (ONJ) after taking Fosamax.

A second federal Fosamax multidistrict litigation has been established in the U.S. District Court, District of New Jersey for claims involving femur fractures.   Fosamax lawsuits involving femur fractures and other side effects are also pending in a consolidated litigation in New Jersey Superior Court, Atlantic County.

Considering a Fosamax Lawsuit? Contact Us.

If you suffered femur fractures or other side effects after taking Fosamax, you may be eligible to file a Fosamax lawsuit. Contact an attorney at Bernstein Liebhard LLP to learn more by calling (877) 779-1414.

Published February 28, 2013 by