Fosamax Lawsuit Update: Bernstein Liebhard Comments on Start of First Fosamax Femur Fracture Trial in Federal Multidistrict Litigation

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The Firm continues to investigate Fosamax lawsuits on behalf of individuals who allegedly suffered Fosamax femur fractures due to long-term use of the drug.

Bernstein Liebhard LLP | Consumer Injury Lawyers
Given the recent mistrial in the first Fosamax femur fracture case to go to trial, we are now watching this case carefully. The outcome could provide valuable insights into how juries might rule in similar Fosamax femur fracture claims.

The nation’s first trial of a Fosamax lawsuit involving femur fracture allegations is scheduled to begin today in the multidistrict litigation now underway in U.S. District Court, District of New Jersey. Court documents indicate that the complaint was filed on behalf of a woman who began taking Fosamax in 2002, and used the drug for seven years before suffering a femur fracture. The plaintiff alleges that her long-term use of Fosamax weakened her femur, resulting in the fracture. Jury selection in the Fosamax femur fracture trial is scheduled to begin today, with opening statements set for tomorrow. (Glynn v. Merck & Co., 3:11-cv-05304)

“Given the recent mistrial in the first Fosamax femur fracture case to go to trial, we are now watching this case carefully. The outcome could provide valuable insights into how juries might rule in similar Fosamax femur fracture claims,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including dozens of women allegedly suffering injuries as a result of their long-term use of Fosamax. The Firm is currently offering free legal evaluations to alleged victims of Fosamax femur fractures.

Fosamax Femur Fractures
Fosamax and other bisphosphonates have been used by millions of post-menopausal women to prevent fractures from 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. Among other things, the FDA advised doctors to consider periodic reevaluation of bisphosphonate therapy, particularly in patients who have been treated for over 5 years.*

According to a report from, Merck & Co. is facing more than 3,300 Fosamax lawsuits involving femur fracture allegations, including at least 850 claims pending in the federal multidistrict litigation. The case set for trial this week alleges that extended use of Fosamax can cause bones to become “highly mineralized, homogeneous, brittle.” The complaint further alleges that 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.**

Merck is also facing more than 2,000 Fosamax femur fracture claims in a consolidated litigation underway in New Jersey Superior Court, Atlantic County. (In re: Fosamax Litigation, No. 282, N.J. Super. Ct) Earlier this month, the first Fosamax femur facture lawsuit to go to trial in that litigation was declared a mistrial, after the plaintiff became ill. Court documents do not indicate 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.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
(877) 779-1414

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.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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