The Sanders Firm is Assigned the First Fosamax Trial

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The FDA issues another warning concerning the osteoporosis drug Fosamax as The Sanders Firm prepares for the first jury trial against the pharmaceutical giant Merck.

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The United States Food and Drug Administration, via its website at, has issued a “FDA Drug Safety Communication” about the common osteoporosis drug Fosamax©, and others of its class, concerning an increased incidence of femur fractures in women. The FDA’s statement is part of its ongoing investigation as to the safety and efficacy of these drugs in osteoporosis sufferers who are already at an increased risk of bone disorders. This is more bad news for the manufacturer of Fosamax, global pharmaceutical giant Merck and comes as the first of thousands of lawsuits alleging that the drug causes a rare jaw disorder is set for trial in New Jersey with The Sanders Firm representing the victim.

The Atlantic County Superior Court of New Jersey has set the first jury trial (Docket No. ATL-L-3644-08) concerning Fosamax for July 12, 2010, with the case meant to serve as a “bell-weather” for thousands of others pending before the court. The plaintiff is an osteoporosis sufferer that used the drug for approximately 4 years before she developed severe osteonecrosis of the jaw, a debilitating side-effect suffered by thousands of other women who used Fosamax. Osteonecrosis of the jaw is the permanent death of living bone tissue that requires extensive treatment to correct and causes considerable pain and disfigurement.

Marc Grossman of The Sanders Firm, a New York attorney that represents the plaintiff in the bell-weather case, as well as hundreds of former Fosamax users, states, “We are ready and eager to have our day in court and hold Merck responsible for the suffering it caused to thousands of women. Merck marketed this drug as a treatment for osteoporosis, when it knew the drug caused the death of bone tissue in the jaw. It’s a blatant example of the drug industry putting increased profits before the safety of people.”

Fosamax belongs to a class of drugs called biphosphonates and is the most widely prescribed of the class. In 2005, Merck succumbed to increasing pressure from the Food and Drug Administration and the medical community to add a warning on the Fosamax label that osteonecrosis of the jaw was a known risk of the drug. In a January, 2009 article published in the Journal of the American Dental Association, several dentists from the University of Southern California have recommended that all dental professionals warn their patients that ''Because you are taking a type of drug called bisphosphonate, you may be at risk for developing osteonecrosis of the jaw and certain dental treatment may increase that risk.''

Marc Grossman is a Senior Partner at The Sanders Firm, a National Law Firm with almost fifty attorneys, one-hundred and twenty staff members and clients in all fifty States. For the past forty-three years, The Sanders Firm has successfully represented thousands of victims of defective drugs and products and has recovered over $500 Million for its clients. For further information or press inquiries, please contact Marc Grossman at 1-800-FAIR-PLAY or visit us at or via email at mgrossman(at)thesandersfirm(dot)com.


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