A Fosamax lawsuit stems from the charges against the maker of Fosamax, Merck & Co., that the medicine can cause osteonecrosis of the jaw. The ONJ (osteonecrosis of the jaw) condition is characterized by extremely painful and often times disfiguring condition of the jaw that as of now has no known cure.
A class action Fosamax lawsuit was filed in 2006 at the US District Court in Fort Meyers, Florida in the United States of America alleging that the drug caused ONJ to some patients who took the drug. In 2007, another class action suit was filed in Canada against Merck Frosst Canada for failing notify and warn consumer about the possible increased risk in contracting ONJ when taking one of its drugs. It also named its parent company, Merck & Co. which is based in New Jersey, as one of defendants.
In 2008, the US District Court in New York Southern District deferred the various cases to the state courts in Illinois, California, and Florida. The fees and costs of deferring such cases to state courts were charged by the district court to Merck & Co. In 2010, the Boles vs. Merck Fosamax lawsuit retrial was set on June 7, 2010. The plaintiff’s lawyers alleged that the Food and Drug Administration of the United States of America had notified Merck to change the Fosamax label in 2007. On January 29, a Manhattan federal judge decided to continue with the lawsuit filed by an Indiana woman who alleged that Fosamax was the culprit in her contracting jaw damage. The above cases further alleged that Merck & Co. did not properly study and research Fosamax and neither did the company warn its consumers of the potential risk of osteonecrosis of the jaw and other jaw problems.
Alendronate Sodium which is sold by Merck & Co. as Fosamax is used to treat osteoporosis and various other bone diseases. The US patent of Merck on alendronate expired in 2008. Merck also lost different appeals to prevent the marketing of a generic version of alendronate from being certified by the USFDA. Common side-effects of Fosamax include different eye problems, pain in joints, muscles and bones, skin rash which can develop into Steven Johnson Syndrome. Long time users of Fosamax are said to be at high risks of contracting such side effects. Fosamax use can also cause gastrointestinal abnormalities like ulcers on the esophagus, flatulence, obstipation, abdominal cramps, and diarrhea. Other known serious side effects of Fosamax use are ONJ, numbness, severe pain, teeth loosening, altered sensation, soft tissue infections, femur fractions, and bone exposure in the oral cavity.
For patients experiencing the above symptoms, they can consult a lawyer to file a Fosamax lawsuit against Merck & Co., the manufacturer of Fosamax. Patients may be eligible for compensation if they are experiencing the Fosamax side effects. But not all can file for a lawsuit as certain criteria must be met. Lawyers experienced in litigations that are drug related normally evaluate the patient’s case first. Upon meeting the criteria, the lawyer will then help the patient in filing a Fosamax lawsuit against Merck & Co.
