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Attorneys seek class action status for Fosamax lawsuits
Saturday, 01 December 2007
A group of Fosamax lawyers have argued that a judge should grant class action status to the lawsuits they have filed against Merck & Co., the manufacturers of the bone-building drug. The lawyers say that by granting class-action status to the Fosamax lawsuits, it would give a jury an opportunity to decide whether the drug is hazardous to patients’ health and whether Merck was negligent in failing to properly warn them about the risk of Fosamax side effects.

Fosamax is part of a class of drugs known as bisphosphonates, which also include Actonel, Boniva, Reclast and Aredia. Bisphosphonates are designed to prevent bone fractures that can occur because of osteoporosis by increasing bone mass and density. However, Fosamax has been linked to a painful condition known as osteonecrosis of the jaw, which can cause painful decay or infection in jawbone tissue. 

One of the Fosamax attorneys also argued that Merck should be ordered to set-up a dental monitoring program for Fosamax patients. This program would offer regular dental exams, X-rays and lab tests in order to prevent Fosamax users from requiring dental surgery. Many of the patients who developed osteonecrosis of the jaw began to experience Fosamax side effects after undergoing dental surgery.

According to another Fosamax lawyer, approximately one in every 296 patients who uses Fosamax will develop osteonecrosis of the jaw. The attorney said that the jawbone is at a higher risk of Fosamax side effects because it is exposed to greater stress than most bones.