In early 2011, Fosamax lawsuits began growing in number, to the point where Merck, the drug’s manufacturer, appealed to the federal Judicial Panel on Multidistrict Litigation (JPML) to consolidate all the federal cases into one multidistrict litigation case. At that time, there were 40 different lawsuits pending, filed in 14 different federal courts.
In May 2011, the JPML granted Merck’s motion, centralized all such cases, and referred them to the U.S. District Court for the District of New Jersey (MDL no. 2243—In re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II)). The number of cases has since grown to approximately 500.
Fosamax Femur Fracture Trials Yet to Be Scheduled
The JPML chose to send the cases to the U.S. District Court for the District of New Jersey before District Court Judge Garrett E. Brown, Jr., because New Jersey is where Merck is headquartered.
As of July, 2012, there have not been any trials scheduled for the lawsuits filed by plaintiffs who allegedly suffered femur fractures from prolonged Fosamax use. There have been, however, five cases heard that were brought by plaintiffs that alleged their Fosamax used caused osteonecrosis of the jaw (ONJ), or “jawbone death.” Those cases were decided in favor of Merck, the defendant. It remains to be seen how the first trials will be decided when the cases brought by plaintiffs who experienced femur fractures get underway.
Osteoporosis Patients Should Consult a Physician About Fosamax
A drug like Fosamax can help those who are coping with bone loss. Very often, however, lifestyle changes such as dietary modifications and the addition of exercise can help strengthen bones and help reverse bone loss. Only a qualified medical professional, however, can advise whether osteoporosis can be treated without medication. It is important to weigh the risks and benefits of a drug like Fosamax in order to determine whether it is right for you.
RLG Represents Injured Fosamax Users
If you have been taking Fosamax for an extended period of time and have suffered a femur fracture, it could be because of the medication, and you might be eligible for compensation by filing a femur fracture lawsuit against Merck. The lawyers at the Rottenstein Law Group can help. Our lawyers have over 25 years of collective experience advocating for clients in consumer product injury and mass tort cases. Please fill out our confidential contact form, or call us and one of our lawyers will be in touch.