This decision is good news for potential plaintiffs. It’s likely many victims of alleged Fosamax femur fractures were not aware of the connection when they first sustained their injury.
New York, New York (PRWEB) February 01, 2013
The federal judge overseeing Fosamax lawsuits in the U.S. District Court for the Southern District of New York has issued a ruling allowing a plaintiff to add an allegation that Fosamax caused her to suffer a femur fracture, Bernstein Liebhard LLP reports. According to court documents, the plaintiff had originally filed her Fosamax lawsuit in 2010, alleging the medication caused her to suffer a jaw-decaying disorder called osteonecrosis of the jaw. The plaintiff, a Georgia resident who took Fosamax for more than a decade, had also sustained an atypical femur fracture the year before she developed the jaw disease. In seeking to add the femur fracture allegation to her claim, she asserted that she was not aware at the time that Fosamax was the cause of her fracture. (Naydeck v. Merck, No. 10-4831, MDL No. 06-1789 (S.D. N.Y.)
Merck & Co., the maker of the drug, had opposed the additional claim, asserting that Georgia's statute of limitations had run out and that the plaintiff did not adequately explain her delay. In an Order dated January 24th, Judge John F. Keenan, who is overseeing a federal multidistrict litigation for Fosamax jaw disease lawsuits, allowed the claim to go forward under the so-called “relation back” doctrine, finding that the femur fracture allegation “relates back” to the plaintiff’s original claim. Judge Keenan then ordered the plaintiff to sever the femur fracture allegation and seek transfer of that claim to the New Jersey multidistrict litigation established for Fosamax femur fracture lawsuits (In re: Fosamax (alendronate sodium) Products Liability Litigation [MDL No. 2243, D. N.J.]
“This decision is good news for potential plaintiffs. It’s likely many victims of alleged Fosamax femur fractures were not aware of the connection when they first sustained their injury,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free legal evaluations to alleged victims of Fosamax femur fractures.
Fosamax is an oral bisphosphonate used to treat bone weakening diseases, including osteoporosis. In October 2010, the U.S. Food & Drug Administration (FDA) added new information to the Fosamax label after studies indicated that people taking bisphosphonates for osteoporosis are at risk of suffering atypical femur fractures.* An FDA-commissioned analysis published in the New England Journal of Medicine last May found that there was little benefit in taking bisphosphonates for longer than five years due to their association with serious side effects, including atypical femur fractures.**
Since the Fosamax label was updated in 2010, hundreds of plaintiffs have filed suit alleging the drug can cause debilitating atypical femur fractures. In addition to the multidistrict litigation underway in New Jersey, a consolidated proceeding has been established for Fosamax lawsuits, including those involving femur fractures, in New Jersey Superior Court, Atlantic County. (In re: Fosamax Litigation, No. 282, N.J. Super. Ct) Court documents indicate that the first Fosamax femur fracture claims will start going to trial this spring in both litigations.
Fosamax users who suffered femur fractures possibly associated with this medication could be entitled to compensation for their medical bills, lost wages and pain and suffering. A wealth of information regarding Fosamax lawsuits is available by visiting Bernstein Liebhard LLP’s website, http://www.consumerinjurylawyers.com/. To arrange for a free review of your Fosamax femur fracture lawsuit, 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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Felecia L. Stern, Esq.
Bernstein Liebhard LLP