We are optimistic that this verdict will prove to be an outlier based on the specific facts of the case, and that future Fosamax femur fracture trials will yield victories for plaintiffs.
New York, NY (PRWEB) April 30, 2013
Bernstein Liebhard LLP notes that a New Jersey federal court jury hearing the nation’s first trial of a Fosamax lawsuit involving femur fracture allegations has returned a verdict in favor of Merck & Co., the manufacturer of the widely-prescribed osteoporosis drug. According to an April 29, 2013 Bloomberg.com article, the case was just one of 3,000 Fosamax femur fracture lawsuits awaiting trial in federal and state courts.* (Glynn v. Merck Sharp & Dohme Corp., 3:11- cv-05304, U.S. District Court, District of New Jersey)
“Obviously, we are disappointed by the verdict and hope to find out more about the specific factors influencing each of the jurors. However, we are optimistic that this verdict will prove to be an outlier based on the specific facts of the case, and that future Fosamax femur fracture trials will yield victories for plaintiffs,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The firm is actively filing Fosamax lawsuits on behalf of patients who suffered femur fractures, allegedly due to long-term use of the drug.
Fosamax Femur Fracture Lawsuits
Fosamax and other bisphosphonates were the subject of a U.S. Food & Drug Administration (FDA) advisory issued in October 2010, after studies indicated that people taking the drugs for osteoporosis are at risk of suffering atypical femur fractures. Among other things, the agency advised doctors to consider periodic reevaluation of the need for continued treatment in patients taking the medications for longer than five years.** Since then, additional studies have raised questions about the long-term use of Fosamax, including an FDA-commissioned study published in May 2012 that concluded there was little benefit in taking bisphosphonates for longer than five years due to their association with femur fractures and other side effects.***
Court documents indicate that more than 850 Fosamax lawsuits involving femur fracture allegations are currently pending in the federal litigation now underway in U.S. District Court, District of New Jersey. (In re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II) - MDL No. 2243) During the just-concluded trial, attorneys for the Plaintiff told the jury that Merck began hearing from its own consultants five years before its 1995 approval that Fosamax could lead to spontaneous fractures in some users. According to court documents, the Plaintiff did not have osteoporosis, and was prescribed the drug to address low bone-mass density. Among other things, her lawsuit alleged Fosamax became widely over-prescribed after doctors began relying on bone-mass density testing to diagnose osteoporosis, rather than the use of clinical criteria such as prior bone fractures.
More than 2,000 Fosamax lawsuits involving femur fracture allegations have also been filed in a consolidated litigation underway in New Jersey’s Atlantic County Superior Court. (In re: Fosamax Litigation, No. 282, N.J. Super. Ct) A scheduled Fosamax femur fracture lawsuit trial that started earlier this year in that litigation was declared a mistrial after the Plaintiff became ill. It is not clear when that case might be rescheduled for trial. (Su v. Merck Sharp & Dohme Corp., case number ATL-L-0789-11)
Victims of alleged Fosamax femur fractures could be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. A wealth of information regarding Fosamax lawsuits is available by visiting Bernstein Liebhard LLP’s website. To arrange for a free case review, please contact Bernstein Liebhard LLP at (877) 779-1414.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.
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ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Felecia L. Stern, Esq.
Bernstein Liebhard LLP