Fosamax Femur Fracture Trial Update: Opening Statements in New Jersey Trial Weighing Fosamax Femur Fracture Lawsuit Begins Today

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The second trial over a lawsuit alleging Merck’s Fosamax (alendronate) caused femur fractures started today in New Jersey federal court. Parker Waichman LLP reports on the opening statements in the litigation and warns users about the alleged risk of bone breaks with the osteoporosis drug.

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We are pleased that the day has finally arrived: Merck has been called before a jury to face these claims, and the jury will see the extent of what Merck knew about the potential damaging side effects related to Fosamax.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective drugs, is commenting on the Fosamax femur fracture trial beginning today in New Jersey federal court. The case is one of over 3,300 alleging that Merck’s bone loss drug actually makes patients more susceptible to bone breaks, particularly atypical femur fractures (In re: Fosamax Litigation, No. 282, N.J. Super. Ct).

Parker Waichman LLP reports that, according to the opening statement of Plaintiffs’ trial counsel Paul Pennock, alleged that “Merck violated federal regulations ... The company should have revealed the problems associated with Fosamax. Doing so is not optional – warning Fosamax users of the risks is their obligation.” Pennock also told the jury they would see evidence from Merck showing that "five years before Fosamax was approved, Merck's own documents show that the company was concerned about femur fractures, yet never warned about these dangers."

"We are pleased that the day has finally arrived: Merck has been called before a jury to face these claims, and the jury will see the extent of what Merck knew about the potential damaging side effects related to Fosamax,“ said Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman LLP. “Unfortunately, many didn't have this opportunity before their femur broke while they were taking Fosamax." Parker Waichman has filed approximately 200 cases on behalf of individuals who allege that they suffered injuries as a result of using Fosamax. The firm continues offering free legal advice to patients who suffered femur fractures or jaw injuries after taking the drug, and warns consumers to be aware of these risks.

According to Bloomberg on April 8, 2013, jurors in New Jersey are weighing the case of Glynn v. Merck & Co., 3:11-cv-05304, U.S. District Court, District of New Jersey (Trenton). Mrs. Glynn is a 59-year old woman who took Fosamax for more than six years before suffering a femur fracture while bending over to pick something up off the floor. The damages resulting from a so-called atypical femur fracture are often seen in the wake of traumatic events, such as high falls, motor vehicle accidents, or skiing mishaps. The Plaintiff alleges that use of Fosamax alone makes patients susceptible to these kinds of injuries.

Fosamax was approved by the U.S. Food and Drug Administration (FDA) in 1995 to treat and prevent postmenopausal osteoporosis and to treat other bone loss-related issues, including weakened bones following some cancer treatments. In 2010, the FDA updated the safety information on Fosamax to warn about the risk of atypical femur fractures. The agency also published a review in The New England Journal of Medicine May 31, 2012, suggesting that there is little benefit from taking bisphosphonates for longer than five years. The findings were based on trials involving 2,342 postmenopausal women.

Bloomberg reported on April 3, 2013, that the New Jersey litigation is actually the second trial focused on allegations that prolonged use of Fosamax can cause femur fractures. The first trial, which kicked off in March in state court in Atlantic City, New Jersey, was cut short, as it was declared a mistrial; the plaintiff had suffered from a “serious health complication” unrelated to Fosamax usage, Bloomberg reported, basing its findings on a statement Merck posted on its website on March 18. The plaintiff in the first trial alleged that Fosamax was responsible for her femur fracture and also claimed that Merck ignored signs that extended use of the drug caused femur deterioration in some users.

Parker Waichman LLP continues to offer free legal consultations to victims of Fosamax side effects. If you or a loved one have experienced an atypical femur fracture and you believe Fosamax is to blame, please contact their office by visiting the firm’s Fosamax website. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).

Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO

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