subject: Fosamax Femur Fracture MDL Sought as Lawyers Prepare Additional Claims [print this page] Fosamax Femur Fracture MDL Sought as Lawyers Prepare Additional Claims
Fosamax femur fracture lawyers and their clients have already filed 36 complaints against Merck & Co., the company that makes Fosamax. And with that number only likely to grow in the coming months, Merck last week petitionedto have all Fosamax bone fracture lawsuits consolidated in a single court for the purpose of streamlining pretrial litigation.
Last year the U.S. Food and Drug Administration (FDA) warned that long term use of Fosamax and otherbisphosphonates, a class of medicines meant to prevent or slow bone mass loss in postmenopausal women, could lead to a very uncommon type of femur fracture. Their concern over Fosamax stemmed from a study published in 2008 that found 291 out of 310 (94%) patients with atypical femur fractures were taking Fosamax or a comparable drug. The so-called "low-energy" fractures associated with Fosamax use are considered to be atypical because they can occur when a person falls from a standing height or less, or when they are just standing.
Since the FDA's warning, more than 100 people have filedfemur fracture lawsuits against Merck, accusing the company of improperly researching Fosamax and failing to warn of its side effects. With lawyers nationwide expressing their intent to file similar claims against Merck, the company filed a request with a panel of federal judges to have all Fosamax bone fracture lawsuits centralized and consolidated before Judge Garrett Brown in the U.S. District Court for the District of New Jersey.
So-called multidistrict litigation (MDL) is often granted when people have filed, or are expected to file, a large number of similar product liability claims involving a particular product. Consolidating a large number of similar cases before a single judge has a number of benefits, including avoiding duplicate discovery and inconsistent rulings and conserving the resources of the parties, witnesses, and the court.
A separate Fosamax MDL was established in 2006 to resolve claims that the osteoporosis drug caused people to develop osteonecrosis of the jaw (ONJ), a rare but serious condition that can cause jaw bone to die due to lack of blood flow. The MDL did not include claims stemming from Fosamax femur fracture injuries, which were deemed to be significantly different than jaw bone injuries.A bellwether trial from the first Fosamax MDL has already been completed.
As updates about Fosamax bone fracture MDL become available, the Rottenstein Law Group will provide all the details, so be sure to check back in from time to time. Currently, RLG is providing complimentary case reviews for those who believe their thigh bone fracture was caused by Fosamax. For more than 25 years, the attorneys of RLG have been dedicated to obtaining compensation for consumers injured by dangerous products.
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