Fosamax Lawsuits: Bernstein Liebhard LLP Comments on Opening Statements in Nation’s First Fosamax Femur Fracture Trial

Share Article

The Firm is currently investigating Fosamax lawsuits on behalf of individuals who suffered femur fractures, allegedly due to their use of Fosamax.

Bernstein Liebhard LLP | Consumer Injury Lawyers
The allegations put forth by the Plaintiff echo much of what we have heard from our own clients, so many of whom were prescribed Fosamax for osteopenia (meaning they weren’t even suffering from osteoporosis) and had taken the drug for years.

Fosamax lawsuits continue to move forward, as the nation’s first trial involving Fosamax femur fracture allegations began this week in New Jersey Superior Court, Atlantic County, Bernstein Liebhard LLP reports. According to, an attorney for the Plaintiff asserted yesterday in opening statements that Merck & Co. ignored signs that long-term use of bisphosphonates, like Fosamax, could cause femur bone deterioration. Instead, the company “disregarded safety risks” and pushed Fosamax on women who weren’t suffering from osteoporosis, the attorney charged. The Fosamax lawsuit currently at trial in New Jersey was filed on behalf of a woman who took the drug for more than five years before suffering femur fractures in both legs.* (Su v. Merck Sharp & Dohme Corp., case number ATL-L-0789-11)

“We have been looking forward to the start of this trial, the first to involve Fosamax femur fracture claims. The allegations put forth by the Plaintiff echo much of what we have heard from our own clients, so many of whom were prescribed Fosamax for osteopenia (meaning they weren’t even suffering from osteoporosis) and had taken the drug for years,” 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
According to court documents, Merck is facing more than 3,300 Fosamax lawsuits involving femur fractures. More than 2,000 of those are pending in the New Jersey consolidated litigation, where the current trial is underway. Bernstein Liebhard LLP is actively filing claims in that litigation. (In re: Fosamax Litigation, No. 282, N.J. Super. Ct) Merck is also named as a defendant in 850 Fosamax femur fracture cases filed in a federal multidistrict litigation established in U.S. District Court, Eastern District of New York. (In re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II) - MDL No. 2243) Another 420 Fosamax lawsuits are pending in Orange County, California, according to Bloomberg.

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.**

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 femur fractures that could be associated with the use of Fosamax may 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

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Felecia L. Stern
Follow us on
Visit website