NY Judge Nixes Merck & Co’s Attempt To Dismiss Fosamax Cases

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 15, 2021

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A New York federal judge ruled against pharmaceutical giant Merck & Company’s attempt to dismiss 24 Fosamax lawsuits in which injured victims alleged that the osteoporosis drug caused them to suffer osteonecrosis of the jaw, or jaw death. Nearly 900 Fosamax lawsuits are pending against the drug company and Fosamax lawyers say that the judge’s ruling is a very positive step for consumers.

Fosamax lawsuits will go forward

U.S. District Court Judge John Keenan ruled that Merck & Company could not dismiss 24 pending Fosamax lawsuits alleging that the drug caused plaintiffs to develop osteonecrosis of the jaw (ONJ), also known as Paget’s disease, a debilitating, extremely painful and potential life-altering injury. Symptoms of ONJ include teeth falling out, teeth dying, jaw death and infection.

Keenan said that Fosamax plaintiffs could introduce testimony by two doctors showing that the drug may cause damage to the jaw when patients use it continually for three years as the evidence produced by plaintiffs shows that connection.

Merck failed to warn of Fosamax dangers

Fosamax is in a class of drugs known as bisphosphonates While these are used to treat metastatic cancers such as bone cancer and breast cancer, Fosamax has also been approved by the U.S. Food & Drug Administration (FDA) for the treatment of non-cancerous conditions such as Osteoporosis. Procter & Gamble’s Actonel and Roche Holding AG’s Boniva are also popular osteoporosis drugs in the bisphosphonate family – the latter being advertised by celebrity Sally Field. However, Fosamax attorneys allege that Merck knew about the risks of developing ONJ with Fosamax, but failed to warn consumers, doctors or the FDA.

900 product liability lawsuits pending

It is estimated that there are over 900 product liability lawsuits pending against Merck over Fosamax injuries. Damages in these cases may include pain and suffering, compensatory damages and possibly punitive damages. If you’ve been injured, contact an experienced Fosamax attorney for a free case review.

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