N.J. Jury Rules in Favor of Merck in Fosamax Lawsuit, Drugmaker Says
A jury in New Jersey federal court is said to have ruled in favor of Merck & Co. this week in the first of 3,300 Fosamax lawsuits to allege femur fractures caused by the osteoporosis drug, Bloomberg.com reports.
The verdict issued in New Jersey federal court in Trenton was released in a statement from the U.S. drugmaker and could not be immediately confirmed in court documents, however, according to an article published April 29th, 2013.
This case, which is one of thousands filed in a federal multidistrict litigation (MDL) underway in the U.S. District Court, District of New Jersey, was brought by a 58-year-old woman from Cohoes, N.Y., who allegedly suffered a spontaneous femur fracture while gardening. That injury stemmed from her use of Fosamax, she claimed.
According to her Fosamax lawsuit, Merck was aware of the risk for the drug, a bisphosphonate, to cause brittle bones and increase the risk of fractures years before releasing the medication to patients with osteoporosis.
More than 3,000 Fosamax Lawsuits Filed in U.S. Courts
Speaking to Merck’s disclosure of the drug’s side effects to the public, a Fosamax lawyer for Merck said, “The company provided appropriate and timely information about Fosamax to consumers and the medical, scientific and regulatory communities.”
However, an attorney for the plaintiff said the panel’s decision to rule in favor of Merck has not deterred their counsel from its efforts to hold the company liable for failing to adequately warn consumers about the drug’s health risks.
“We are of disappointed in the verdict in Mrs. Glynn’s case,” the Fosamax attorney said in an e-mail. “We will, however, continue the important efforts to hold Merck accountable for their conduct with respect to Fosamax.”
This lawsuit was filed in September 2011 after the plaintiff, who enjoys long bike rides and yoga classes, felt her thigh bone snap two years earlier when she bent over to pick up a lawn ornament. She appeared with her husband and children in the New Jersey court on April 9th, 2013.
Despite this recent verdict, a new study linking bisphosphonates to non-healing femur fractures may impact Fosamax lawsuits. Published in the Journal of Bone and Joint Surgery in March 2013, scientists counted 362 reports of non-healing femoral fractures in the U.S. Food and Drug Agency Adverse Event Reporting System (FAERS) database. The ratio for these fractures and bisphosphonates like Fosamax, was 4.51.
26% of atypical femoral fractures were also non-healing, the investigation revealed.
Call a Fosamax Lawyer Today
IF you suffered a femur fracture after taking the bone-loss drug, Fosamax, you may be eligible to file a claim against the manufacturer. Contact an attorney at Bernstein Liebhard LLP to learn more about Fosamax lawsuits by calling (877) 779-1414.