First Fosamax Femur Fracture Trial Starts

FORT LAUDERDALE, Fla. - March 18, 2013 - PRLog -- The nation’s first trial involving claims that Fosamax caused femur fractures began this week in New Jersey Superior Court, Atlantic County. According to the Plaintiff, Christina Su, Merck& Co. ignored signs that long-term use of drugs known as bisphosphonates, like Fosamax, caused femur bones to deteriorate. Instead, the company allegedly disregarded safety risks and aggressively marketed the drug to women who weren’t suffering from osteoporosis, claimed the Plaintiff.  

According to court documents, there are more than 3,000 Fosamax lawsuits filed involving femur fractures. Over 2,000 of these claims are pending in the New Jersey consolidated litigation, where the first trial is currently underway.  Another 850 cases are consolidated before a federal judge in New York and 420 have been filed in Orange County, California.  Fosamax was first approved for sale in the United States in 1995 and generated $3 billion a year in sales until its patent protection lapsed in 2008.  Researchers noted in 2010 that Fosamax and other bisphosphonates might be linked to femur fractures.  A September 2010 report by the Journal of Bone and Mineral Research, noted the 94% of the 310 patients who had an uncommon type of thighbone fracture were also taking a bisphosphonate drug for five years.

Plaintiff’s opening arguments at trial noted that in 2006, a Merck official based in Singapore, sent an e-mail to Merck executives warning of reports that Fosamax users in that country were suffering from “brittle bones.” However, to protect Fosamax sales, Merck officials for 15 years ignored studies and side-effect reports indicating that long-term Fosamax put women at risk for “atypical femur fractures,” noted counsel for Plaintiff, adding that Merck only took serious notice of the drug’s red flags in 2008 after Fosamax came off patent.

Fosamax has been used by millions of post-menopausal women to help prevent fractures from osteoporosis. It was overly prescribed to women who were only suffering from osteopenia as well. In October 2010, The U.S. Food and Drug Administration (FDA) changed the Fosamax information label to advise doctors to consider periodic reevaluation of bisphosphonate therapy, particular in patients taking the drug greater than five years.  Additional studies also link Fosamax to femur fractures. In May 2012, the FDA commissioned a study, which concluded there was little benefit in taking bisphosphonates linger that five year due to their potential side effects, including femur fractures.

If you or a loved one has been injured by Fosamax, contact the attorneys at Ennis & Ennis, P.A. for a free consultation to discuss your legal rights. Call toll free at 1-800-856-6405 or visit us on the web at www.ennislaw.com and fill out an online case evaluation form.