Fosamax Femur Fracture Trial Continues, as Bernstein Liebhard LLP Notes Judge’s Decision to Allow Expert Witness Testimony in Fosamax Lawsuit

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The Firm is actively filing Fosamax lawsuits on behalf of individuals who suffered femur fractures, allegedly due to long-term use of Fosamax.

Bernstein Liebhard LLP | Consumer Injury Lawyers
We are already representing numerous clients in Fosamax lawsuits involving femur fracture allegations. We will continue to monitor this trial closely, as its outcome could provide insight into how juries will rule in similar claims.

The nation’s first Fosamax femur fracture trial continues to move forward in New Jersey federal court, Bernstein Liebhard LLP reports. In an Order issued Wednesday, U.S. District Judge Joel A. Pisano of the District of New Jersey refused to grant a motion by Merck & Co. that sought to bar the testimony of eight doctors the Plaintiff sought to call to the stand as expert witnesses. However, Judge Pisano’s Order did stipulate that the Plaintiff’s own treating physicians will not be able to discuss general causation issues. (Glynn v. Merck Sharp & Dohme Corp., 3:11- cv-05304, U.S. District Court, District of New Jersey)

“We are already representing numerous clients in Fosamax lawsuits involving femur fracture allegations. We will continue to monitor this trial closely, as its outcome could provide insight into how juries will rule in similar claims,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free Fosamax lawsuit evaluations to alleged victims of Fosamax femur fractures.

Fosamax Femur Fracture Lawsuits
According to her Fosamax lawsuit, the Plaintiff in the case now at trial took the drug for seven years before sustaining a femur fracture. According to, her attorney told jurors during opening statements that Merck began hearing from its own consultants five years before its 1995 approval that Fosamax could lead to spontaneous fractures in some users. “The company should have warned of the problems they learned actually were happening -- that’s an obligation of the company,” he said.*

Court records indicate that more than 3,300 Fosamax femur fracture claims are pending in courts around the country, including 850 in the District of New Jersey. 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 trial that began in that litigation last month 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)

Fosamax lawsuits over femur fractures have been mounting since October 2010, when, the U.S. Food & Drug Administration (FDA) updated its label to warn that some studies had indicated that people taking Fosamax and similar drugs for osteoporosis are at risk of suffering atypical femur fractures.** 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.***

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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