Previous Trial For ONJ Suit Could Improve Chances For Fosamax Lawsuit

While Merck faces more than a thousand osteonecrosis of the jaw (ONJ) lawsuits, it also is being thrown Fosamax fracture lawsuits from users of the drug. ONJ is a condition wherein jaw bones die due to lack of blood flow. There have been cases where the doctor had to remove the jawbone partially or totally just to remedy the case. Needless to say, observers, especially Fosamax femur fracture lawyers, have been very interested in this type of Fosamax litigation.

A woman from Pennsylvania, Alison Rosenberg, 67,used Fosamax and developed ONJ. She sued Merck in New Jersey Superior Court for Atlantic County, the location of Merck’s headquarters. After presenting her case, Merck argued that Fosamax did not cause the plaintiff’s injuries because she had preexisting dental problems and used steroid drugs that can cause jaw decay. The jury decided in favor of Merck.

Known as a “bellwether trial,” Rosenberg's case was among the first lawsuits that were filed against Merck. These lawsuits all claim that Fosamax was the cause of ONJ and that the company failed to warn its consumers about the risks associated with its drug. A bellwether trial is one that is one of the first or the very first among similar cases to go to trial, and the outcome of which is expected to offer insight into how the remaining cases will be decided.

You could gain a few important points when you use the Rosenberg case in anticipating how a Fosamax femur fracture case could turn out. First, because the jury did not believe the Pennsylvania woman suffered from ONJ, and this was sufficient to allow Merck to prevail, it is vital that a plaintiff be able to prove they are suffering from the condition they claim to have developed. Secondly, and implicit in the arguments set forth by Merck’s lawyers, is that it must be evident that Fosamax indeed caused a plaintiff’s injuries.

Product liability lawyers offer compassionate advocacy to people who’ve been injured by drug companies that care more about profit margins than ensuring their products are safe for consumers. If you’ve taken Fosamax and suffered a femur fracture, you should immediately discuss your options with a legal counsel to help you acquire the compensation you are entitled to. More updates are available if you visit the Fosamax fracture lawsuit information center today.