Rottenstein Law Group Keeping a Close Eye on Progress of Bellwether Fosamax ONJ Trial, Currently Underway

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The Rottenstein Law Group, which represents clients with claims of harm resulting from use of the drug Fosamax, is paying especial attention to the developments in the fifth case involving Fosamax and a painful condition known as osteonecrosis of the jaw to go to trial, now underway.

Fosamax Femur Fracture

On September 8, in Secrest v. Merck—a so-called bellwether lawsuit of the many that were consolidated for pre-trial purposes in In Re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. I), Multidistrict Litigation Case no. 1789—opening statements were delivered by counsel for the respective parties before Judge John F. Keenan of the United States District Court for the Southern District of New York. Secrest v. Merck (case no. 1:06-cv-06292) is the fifth lawsuit involving claims that Fosamax caused a plaintiff to suffer osteonecrosis of the jaw (“ONJ”) to go to trial. Merck, the developer and manufacturer of the brand-name drug, is currently defending thousands of Fosamax cases, including cases alleging that the drug caused users to suffer femur fractures, as well as ONJ cases.

As documented by the court records, the plaintiff’s opening statement centered on the theme that Fosamax causes ONJ, a very serious condition. The court records note specific points communicated by Mrs. Secrest’s counsel are these: Fosamax causes ONJ; it was reasonably foreseeable by Merck that Fosamax would cause ONJ; Merck insufficiently monitored post-marketing “adverse event” data; Merck made misleading representations regarding ONJ; Merck made no attempt to study the risk of ONJ relative to Fosamax; and Merck publicly overstated the efficacy of Fosamax.

According to court documents, counsel for Merck, in turn, stated that the evidence produced at trial would show that the plaintiff’s injuries were not in fact caused by her using Fosamax. According to court documents Merck’s opening statement had a dual theme: Fosamax did not cause Linda Secrest to develop ONJ, but rather her pre-existing medical condition and a history of dental problems did; and Fosamax was not defectively designed. In addition, Merck asserted that when it became aware of the suggestion that ONJ is a possible side effect of Fosamax, it conducted an investigation, ultimately concluding that no reliable evidence connects the drug and the condition.

The Rottenstein Law Group urges anyone whose friend or relative has been prescribed Fosamax or another osteoporosis drug to reach out to that person and recommend that he or she consult a physician immediately and then speak to a qualified personal injury lawyer. The Rottenstein Law Group maintains a Fosamax Lawsuit Information Center at The site has features that allow for easy sharing, including links for automatic posting on Facebook and Twitter, specifically to enable visitors to spread the word about the dangers of Fosamax.

The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients in consumer product injury, mass tort, and class action lawsuits in a compassionate manner.
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
1259 Veeder Drive
Hewlett NY 11557
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)


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Rochelle Rottenstein, Esq.
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