Fosamax Lawsuits Move Forward, as Bernstein Liebhard LLP Comments on Opening Statements in First Fosamax Femur Fracture Trial

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The Firm is actively filing Fosamax femur fracture lawsuits on behalf of long-term users of Fosamax.

Bernstein Liebhard LLP | Consumer Injury Lawyers
We will be monitoring this proceeding carefully, as it may provide valuable insights into how juries might rule in similar Fosamax lawsuits.

Fosamax lawsuits involving femur fracture allegations continue to make their way through state and federal courts, Bernstein Liebhard LLP reports. According to, opening statements were heard yesterday in the nation’s first trial involving a Fosamax femur fracture lawsuit, with an attorney for the Plaintiff asserting that Merck & Co. knew years before the drug was approved that Fosamax could cause spontaneous fractures in some patients. Court records indicate the case is one of 850 Fosamax femur fracture claims currently pending in a multidistrict litigation underway in U.S. District Court, District of New Jersey. (Glynn v. Merck Sharp & Dohme Corp., 3:11- cv-05304, U.S. District Court, District of New Jersey)

“Although there have been a number of trials concerning Fosamax and its relation to other injuries, this is the first time a jury will weigh claims concerning Fosamax femur fractures. We will be monitoring this proceeding carefully, as it may provide valuable insights into how juries might rule in similar Fosamax lawsuits,” 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 Fracture Lawsuits
Court records indicate that Merck & Co. is facing more than 3,300 Fosamax lawsuits involving femur fracture allegations in both state and federal court. In addition to those pending in the federal multidistrict litigation, more than 2,000 femur fracture claims have 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) Another 420 Fosamax lawsuits are pending in Orange County, California, according to Bloomberg. Last month, the first Fosamax femur facture lawsuit to go to trial in the New Jersey sate 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)

The Fosamax lawsuit currently at trial in the District of New Jersey was filed on behalf of a woman who took the drug for seven years before sustaining a femur fracture. During yesterday’s opening statements, her attorney told jurors that Merck began receiving warnings from its consultants in 1990 – five years before its 1995 approval – that Fosamax could lead to spontaneous fractures in some users by preventing bones’ natural daily repair of so-called micro-fractures, according to Bloomberg. “The company should have warned of the problems they learned actually were happening -- that’s an obligation of the company,” he said.

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.** Since the FDA alert, additional studies have pointed to a link between Fosamax and femur fractures. In May 2012, an FDA-commissioned study concluded 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.*** Most recently, a study published last month in the Journal of Bone and Joint Surgery reported a link between bisphosphonates and non-healing femur fractures, after finding that 26% of the atypical femoral fractures reported to an FDA database in a 15-year period exhibited delayed healing or non-healing.****

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 femur fracture 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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