US District Court Judge Makes Unusual, But Potentially Costly, Decision in Fosamax Personal Injury Litigation
In 2006, a class action lawsuit was filed in the US District Court located in Fort Meyers, Florida, against Merck Pharmaceutical’s blockbuster osteoporosis drug, Fosamax. The lawsuit marked the first in a wave of cases, which claimed that the drug, which supposedly strengthens bones, actually caused serious bone fractures, especially in the femur, and can cause osteonecrosis, particularly in sensitive areas like the jaw.
Now, US District Court Judge John Keenan of Manhattan has decided, in an unorthodox move, that instead of continuing a multidistrict litigation (MDL) for the group of Fosamax personal injurylawsuits, he would spread the cases throughout different, lower courts across the country.
This move could potentially be more costly for Merck Pharmaceuticals.
However, a Merck spokeswoman said that the pharmaceutical company does not intend to change its legal strategy in the Fosamax personal injury cases. This could refer to the fact that the company has won 5 out of 7 of the bellwether cases in the current MDL. Bellwether cases are used in MDLs to determine how the cases should be settled overall.
Merck has only lost two of the bellwether cases so far – one in 2010, and another in February 2013 – when the jury determined that the manufacturer had not been upfront about the risk of jawbone osteonecrosis. However, the jury rejected claims that Fosamax is a defective product. The 2010 case, which was decided in favor of plaintiff Shirley Boles, awarded her a sum of $8 million, but the judge reduced that to $1.5 million. This year, plaintiff Rhoda Scheinberg was awarded $285,000.
There are more than 5,000 Fosamax personal injury cases in the MDL, and Judge Keenan’s bellwether cases account for only about 20% of the alleged injuries caused by the osteoporosis drug. Keenan has thrown out 430 of the Fosamax personal injury lawsuits due to lack of expert witness testimony, which Merck required to back up the plaintiffs’ specific injuries.
Fosamax was approved for use by the FDA in 1995, and lost patent protection in 2008.
Fosamax Personal Injury
In September 2011, an advisory panel for the FDA met to make some recommendations regarding the drug Fosamax, after increased claims of serious personal injury related to taking the drug for more than three years. The FDA claimed that the studies show the drugs provide benefits in preventing osteoporosis fractures for the first three years of treatment; but there isn’t any information indicating such benefits associated with taking the medication beyond five years. In addition, the studies also showed that women who stop taking the medication after five years have similar levels of increased bone density and reduced fracture risk as those who continue taking them. The panel agreed to require Merck to put a stronger warning label on the bone-building drug.
Side effects of Fosamax personal injury include:
- Bone fractures, especially in the femur, which occur during low-stress activities, such as walking down stairs.
- Osteonecrosis of the Jaw – deterioration of the Temporomandibular Joint (TMJ)
- Gastrointestinal tract: ulcers in the esophagus; which will require hospitalization and exhaustive treatment.
- Neurologica issuesl: examples of auditory hallucinations and visual disturbances are pretty rare, but have been connected to alendronate and other bisphosphonates.
- Skin irritation and inflammation has also been reported
The Strom Law Firm Can Help with Fosamax Personal Injury Cases
Although many of the people we represent in these cases are from right here in South Carolina, our lawyers routinely take clients from throughout the Southeastern U.S. and, in certain types of product liability or pharmaceutical cases, from across the country as well. If you or a loved one has been injured or killed due to an injury related to a Fosamax prescription, contact the South Carolina personal injury attorneys at the Strom Law Firm, LLC today for a free consultation. 803.252.4800
