Judge Denies Merck’s Motions During Second Fosamax Femur Fracture Trial

FORT LAUDERDALE, Fla. - April 16, 2013 - PRLog -- The judge in the second Fosamax femur fracture trial made several important rulings, which could have important implications in the outcome of the trial.  According to a Law 360 article published on April 11, 2013, Judge Joel Pisano rejected Merck’s attempt to block the testimony of eight doctors for the Plaintiff and rejected Merck’s argument that four of Plaintiff’s expert witness were not qualified to testify about the femur fractures being related to Fosamax.  Plaintiff’s counsel noted that, “ Judge Pisano’s actions help ensure that the jurors have all the evidence they need to make a decision on the Fosamax femur fracture claims.”

Judge Pisano also denied Merck’s motion for summary judgment on Plaintiff’s claims that it failed to warn doctors that Fosamax could cause femur fractures. The judge determined that this was a question of fact for the jury to determine whether the alleged failure to warn was a proximate cause of the Plaintiff’s injuries.  Judge Pisano also denied Merck’s motion for summary judgment on Plaintiff’s claim of breach of implied warranty finding it its unclear exactly what implied warranty, if any, the drug manufacturer communicated to the prescribing doctors.

The Plaintiff, 58-year old Bernadette Glynn, claims she suffered a fractured femur requiring surgical repair when she bent down to pick up something in her driveway.  She had been taking Fosamax for over six years. According to the plaintiffs, Merck was aware that Fosamax might cause brittle bones and increase fracture risks years before the drug was marketed to the public. Plaintiff contends that as early as 1990, five years before FDA approval, consultants warned Merck that Fosamax could lead to spontaneous fracture by preventing bones’ natural daily repair of so-called micro-fractures and Merck should have warned of such dangers.

Fosamax and other drugs known as bisphosphonates are used to fight the effects of bone loss in patients who suffer from diseases such as osteoporosis and Paget’s disease. It was also over–prescribed to women suffering from osteopenia. It was approved in 1995 and Plaintiff alleges Merck knew about the risk of femur fractures as early as 1990. The correlation is now widely accepted and in 2010 the FDA updated the Fosamax label to warn of the risk of atypical femur fractures.  Last May it published a review in the New England Journal of Medicine stating that there is little evidence justifying the use of bisphosphonates longer than five years. In June, the Archives of Internal Medicine found that 82 percent of patients with atypical femur fractures had taken bisphosphonates.


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.