Fosamax Lawsuit News | Fosamax Side-Effect Lawsuit Information

Fosamax Lawsuit Underway

2011-09-28T09:57:00.000-05:00

In the latest Fosamax legal news, the opening statements were recently made in the Secrecst v. Merck trial. Both the plaintiffs and defendants will be paying close attention to this case in an attempt to glean insight as to how each sides attorneys intends to swing the jury's opinion.

According to court documents, the plaintiff Linda Secrest is alleging that she contracted a painful and debilitating disease known as osteonecrosis of the jaw (ONJ) as a direct result of her taking the osteoporosis drug Fosamax. Unfortunately for the defendant Merck, the Secrest case is only one of more than a thousand claims that have been filed against the manufacturer of Fosamax, Merck & Co. That said, the Secrest case is only the fifth case of its kind against Merck to be taken to trial, the previous four cases regarding allegations of osteonecrosis of the jaw brought on by Fosamax resulted in Merck's successful defense in all but one of the trials.

The plaintiff's attorney's directly spoke to the jurors in their opening statements of the trial made on September 8, 2011. The legal team asserted several arguments: their belief that Fosamax can cause the onset of ONJ, that Merck was fully aware Fosamax had the potential to cause ONJ, that Merck neglected to look further into Fosmax's ability to cause ONJ, and that Merck grossly overstated how well Fosamax worked. More to the point, the plaintiff's attorneys directly indicated that their client's injuries were avoidable and unable to heal.

The defense's attorneys sought to rebuff the plaintiff's allegations that Fosamax caused her debilitating condition by indicating that a long history of dental and oral complications were the cause for the severe injuries to her jaw. The defense counsel went on to assert that Fosamax is not a defective drug and that the drug's manufacturer Merck thoroughly investigated osteonecrosis as related to the drug, and was unable to find any conclusive evidence.

Merck Makes Preparations to Defend Fosamax Femur Fracture Lawsuits

In addition to the ONJ related trials, Merck is having to defend itself in another Fosamax related multidistrict litigation (MDL). The MDL was created late in May of 2011 in order to address an ever growing volume of lawsuits that alleged Fosamax caused the breakage of thigh bones after only a slight impact or no impact at all. This latest MDL currently contains several hundred claims, though most legal experts agree that they expect that number to increase greatly over the next few months. The first Fosamax femur trial is expected to begin in April 2012.

Fosamax Class Action

2011-02-21T15:25:00.003-06:00

In addition to the several hundred arbitration lawsuits (better known as "individual" lawsuits), there are two class action lawsuits on the books as having been initiated against drug manufacturer Merck & Co. in relation to Fosamax and its links to a medical condition known as osteonecrosis of the jaw (ONJ) - an extremely painful and most often disfiguring condition that currently has no cure without a cure.

Litigation Timeline

2006: A class action lawsuit was in April of 2006 at the U.S. District Court located in Fort Meyers, Florida. The suit was filed againgst drug company Merck and alleges that Fosamax was the cause of osteonecrosis of the jaw developing in some of the patients taking the drug.

2007: An additional class action suit was filed claiming that Merck Frosst Canada had failed to properly notify and warn consumers that one of the company's medications were associated with a higher risk of contracting osteonecrosis of the jaw. Additionally, this same class action names New Jersey parent company, Merck & Co., as one of the defendents

Merck disclosed that the company has earmarked $48 million for a defense fund to fight the cases against them that allege Fosamax causes osteonecrosis of the jaw. The vast majority of these cases were filed in federal courts.

2008: The U.S. District Court for the Southern District of New York deferred multiple cases to the state courts in Floriday, California and Illinois in July of 2008. Additionally, the Court attributed the fees and costs of the removing the cases from federal court to Merck.

2010: The Manhattan based federal district court scheduled the Boles v Merck retrial for the 7th of June, 2010. Attorneys for the plaintiff have stated their intent to sequester a Merck witness in order to establish that Merck had been notified by FDA to change the labeling for Fosamax labeling in 2007.

On January 29th, a federal judge Manhattan decided not to throwout a lawsuit that alleges Fosamax was the cause for jaw damage suffered by an Indiana woman.

The aformentioned cases all allege that Merck & Co. did not properly research and study Fosamax, nor did they warn about the dangers of ONJ and associated jaw problems. To date, there are close to 900 civil lawsuits that have been filed against Merck & Co. in relation to Fosamax

FDA Warns Fosamax May Cause Bone Fractures

2010-10-14T12:42:00.006-05:00

Fosamax and its class of osteoporosis drugs increases the chances of a bone fracture, according to a warning to doctors and patients released by the Food and Drug Administration (FDA) on Wednesday. The FDA has asked for a change in how the Warnings and Precautions section is labeled on all bisphosphonate products. Bisphosphonates are a class of drugs primarily used to treat the symptoms of osteoporosis, a bone disease that weakens the bone's density and can make it more likely to break. According to the FDA, this class of drugs must now be accompanied by a medication guide that alerts people taking the drug of its risks.

The FDA warning comes as the result of a rare type of bone fracture repeatedly occurring in patients receiving these drugs. Currently, many doctors believe that the risk of bone fracture are rare and more closely associated with patients who have long-term bisphosphonate use. "There is a dull aching thigh or groin pain that occurs weeks or months before the fracture occurs," Dr. Sandra Kweder, deputy director, Office of New Drugs in the FDA's Center for Drug Evaluation and Research. "It is predominantly in patients who have taken bisphosphonates for five years or more."

The changes to be made on the warning labels are will only occur on bisphosphonates that have been approved for osteoporosis treatment. These drugs include: Actonel, Actonel with Calcium, Atelvia, Boniva, Fosamax, Fosamax Plus D and all of their respective generic versions. Included in the changes of warning labels are the injectable osteoporosis drugs like Boniva and Reclast Reclast. Bisphosphonates that are labeled for use in the treatment of other diseases will not be affected.

The FDA first began studying the side-effects of bisphosphonate use and the frequency of the bone and femur fractures in March. The FDA was also made aware of and reviewed a report issued by the American Society for Bone Mineral Research Task Force. The report made a strong recommendation to add additional labeling, in addition to adding a system that would identify and track patients with femur and bone breaks.

Fosamax Side Effects

2009-09-14T13:13:00.024-05:00

Drug manufacturer Merck & Co.'s bisphosphonate drug Fosamax and Fosamax D has been associated with numerous serious side effects. Patients using Fosamax can often suffer from a multitude of Fosamax side effects like gastrointestinal tract abnormalities, which can include:

Abdominal cramping
Diaherrhea
Flatulence
Obstipation
Ulcers on the esophagus

The side effects that impact the GI are typically considered to be relatively mild. There are also a few general Fosamax side effects that may occur from long-term use of Fosamax:

Problems with the eyes
General pain of the joints, muscles or bones
Skin rash (with potential of developing Stevens Johnson Syndrome)

Osteonecrosis of the Jaw and other Serious Fosamax Side Effects

While some of the side effects mentioned above can potentially become severe in nature, the most dangerous and serious Fosamax side effect is the manifestation of a bone disease known as osteonecrosis of the jaw (ONJ), or "dead jaw."

Osteonecrosis of the jaw is a kind of bone disease that is usually associated with the large joints of the body such as the ankles,hips, knees, or elbows. The manifestation of osteonecrosis is tied to the temporary or even sometimes permanent loss of blood to the bone tissue of the jaw, this leads to the death of the jaw bone tissue and the inevitible collapse of the bone. Currently there are an estimated 10,000 to 20,000 new cases of osteonecrosis discovered each year in just the United States alone, most of these cases are the result of some kind of bone injury like a dislocation or fracture.

Users of Fosamax are putting themselves at risk of suffering through the severe pain that is commonly associated with osteonecrosis of the jaw and the death of the jawbone tissue. The severe pain that is associated with osteonecrosis has been reported as being like the extreme level of pain often suffered by arthritics. Common symptoms of the onset of ONJ usually include localized pain of the jaw,numbness or altered sensation in the jaw area, loosening of the teeth, infections of soft tissue, and bone exposure inside the oral cavity.

People taking Fosamax that are displaying any these severe osteonecrosis symptoms should contact their doctor immediately. If ONJ goes undetected or untreated, it can typically lead to the bone tissue death and joint collapse within the jaw, an irreversible condition.

Fosamax Lawsuit

Due to the serious nature of some of these Fosamax side effects, Merck & Co. has once again become the target of numerous personal injury lawsuits filed by individuals who have been victimized by the bisphosphonate.

If you or a loved one has been severely injured as a result of using a bisphosphonate drug like Fosamax, you may be eligible to receive compensation for your pain and suffering. Merck & Co. are currently facing a multitude of personal injury liabilities that are related to side effects that resulted from the use of Fosamax.

Fosamax Lawsuit Update

2009-09-10T14:28:00.007-05:00

Fosamax Lawsuit News Update

In 2005 popular osteoporosis drug Fosamax, was linked to severe musculoskeletal pain (bone, joint and muscle pain), as well as a painful bone disease called ONJ, also known as "fossy jaw". The Journal of Oral and Maxillofacial Surgeons published an article exploring the association between people who were taking Fosamax and Osteonecrosis of the Jaw, which caused the FDA to examine the safety of Fosamax and other drugs in its class. Merck, the company that manufactures Fosamax, received a notice on January 31, 2005, from the FDA requesting the company to update the label for Fosamax and to include notices regarding the jawbone tissue disease. The revised labels weren't made available until July 2005.

The US Food and Drug Administration warned on January 7, 2008, that Fosamax had been linked to severe and sometimes incapacitating joint, muscle and bone pain. The agency advised doctors and patients that they be aware of this possible side effect, and to discontinue Fosamax if it should occur.

About FosamaxFosamax (Generic Name: Alendronate Sodium), manufactured and distributed by Merck, gained FDA approval in 1995. Fosamax Plus D (Generic Name: Alendronate Sodium Cholecalciferol) contains the additive Vitamin D. Fosamax is usually prescribed for the treatment of osteoporosis and Paget's disease. Fosamax is a type of drug known as bisphosphonates. Persons using Fosamax or other bisphosphonate medications should try to avoid tooth extractions and other major dental work while prescribed the drugs.

About BisphosphonatesBisphosphonate medications are commonly taken in tablet form for the prevention and treatment of osteoporosis in post-menopausal women. More powerful forms of bisphosphonate drugs are administered in the management of cancers that have metastasized to the bones. When bisphosphonates are prescribed in cancer chemotherapy, the drugs are given in higher doses and intravenously for a longer period of time.

More About Osteonecrosis of the Jaw (ONJ)"Fossy jaw" is a disease in which the bone tissue of the jaw fails to heal after a minor trauma such as a tooth removal, causing the bone to be exposed. The exposed boneexposure can lead to fracturing and infection and often requires surgery or long-term antibiotic therapy to get rid of the dead bone tissue. The prevention and early treatment of people given Fosamax or other bisphosphonates is very important in preserving the jawbone. Signs of "jaw death" may include: the swelling of the gums, jaw or facial pain, loose teeth, excessive drainage, exposed jaw bone, facial numbness, or a feeling of heaviness in the jaw. The development of Osteonecrosis of the jaw is preceeded by the loss of blood being supplied to the jaw. Fosamax reduces the activity of the cells that cause bone loss, which is supposed to lower the fast rate of bone loss in women after menopause. Sadly, this exact drug mechanism may be what causes osteonecrosis of the jawbone.

Fosamax and Extreme Musculoskeletal PainThe severe musculoskeletal pain commonly associated with Fosamax can occur within days, months, or years after starting treatment with the drug, according to the 2008 Food and Drug Administration Fosamax health alert. While some patients that have obtained complete relief of symptoms after discontinuing Fosamax, others have reported that the pain has continued.

While severe musculoskeletal pain was already included in the prescription information for Fosamax, the FDA stated that the direct link between Fosamax and extreme musculoskeletal pain could be ignored by health care providers, resulting in impairment, prolonged pain, delayed diagnosis and possibly needing treatment with pain medication. The FDA has recommended that healthcare professionals be mindful that the administering of of Fosamax may be responsible for extreme musculoskeletal pain in individuals who have these symptoms. If individuals taking Fosamax do experience this extreme musculoskeletal pain, the Food and Drug Administration advises that their healthcare professionals,healthcare providers,doctors consider permanently discontinuing taking the drug.

If you or a loved one has been severely injured as a result of Fosamax, you may be eligible to receive compensation for your pain and suffering. Merck & Co. are currently facing hundreds of personal injury lawsuits that are related to side effects that resulted from the use of Fosamax.