Fosamax Lawsuit News: First Fosamax Femur Fracture Trial Ends in Mistrial, Bernstein Liebhard LLP Reports

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The Firm continues to investigate Fosamax lawsuits on behalf of individuals who allegedly suffered Fosamax femur fractures due to long-term use of the drug.

Bernstein Liebhard LLP | Consumer Injury Lawyers
It’s unfortunate that the Fosamax femur fracture trial had to end prematurely, and we wish the Plaintiff well. We hope to see her Fosamax lawsuit rescheduled for trial as soon as practically possible.

The nation’s first trial of a Fosamax lawsuit involving femur fracture allegations has ended in a mistrial, Bernstein Liebhard LLP reports. According to court records, New Jersey Superior Court Judge Carol E. Higbee declared a mistrial in the Fosamax femur fracture case yesterday after being informed that the Plaintiff had suffered a serious health issue over the weekend. There is no word yet on when the Fosamax lawsuit might be re-tried. (Su v. Merck Sharp & Dohme Corp., case number ATL-L-0789-11)

“It’s unfortunate that the Fosamax femur fracture trial had to end prematurely, and we wish the Plaintiff well. We hope to see her Fosamax lawsuit rescheduled for trial as soon as practically possible,” 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

Bernstein Liebhard LLP is actively filing Fosamax lawsuits in the consolidated proceeding underway in New Jersey Superior Court, where more than 2,000 Fosamax femur fracture claims are currently pending. (In re: Fosamax Litigation, No. 282, N.J. Super. Ct) Another 850 lawsuits involving Fosamax and femur fractures have been filed in a federal multidistrict litigation established in U.S. District Court, District of New Jersey. (In re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II) - MDL No. 2243) Hundreds more are pending in Orange County, California, according to a recent report. Court records indicate the New Jersey case that ended in a mistrial had been underway for roughly a week. During opening statements, an attorney for the Plaintiff asserted 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.*

Fosamax lawsuits involving femur fracture allegations have been mounting since October 2010, when the U.S. Food & Drug Administration (FDA) cautioned that some studies had indicated patients taking bisphosphonates for osteoporosis were at heightened risk for 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 research has confirmed an association between long-term use of Fosamax and femur fractures. In May 2012, an FDA-commissioned study published in the New England Journal of Medicine concluded that there was little benefit in taking bisphosphonates like Fosamax 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 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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