How Much Money Might I Get?
When it was discovered in 2008 that taking osteoporosis drugs such as Fosamax could lead to low-impact femur fractures, it took Merck—the drug’s manufacturer—16 months to put the risk on the warning label. Though a causal connection has not been conclusively established, the evidence is continually building. Low-impact femur fractures are a rare type of fracture to the thigh bone where the break occurs after a fall from standing height or less.
Right now, the U.S. Food and Drug Administration is investigating the situation and will likely determine within months whether or not a recall of the product is necessary.
If there is a mandated recall of Fosamax, it will open the door to a wave of litigation against Merck. It is the most prescribed drug to treat the effects of osteoporosis—an estimated 37 million Fosamax prescriptions were written in 2008 alone.
Merck is probably hesitant to explore pulling the drug from shelves as it has been a cash cow for the company since it hit the market, reaching an average of about $3 billion a year in revenue in recent years. Unfortunately for Merck, the bottom line is not a justification for putting an inherently dangerous product on the market.
If you have suffered a low-impact femur fracture due to your use of Fosamax, you are probably considering bringing legal action against Merck to compensate you for the harm you have suffered due to the company’s negligence. If Merck is, in fact, found to be liable for the harm you have suffered, you could be compensated with a few different kinds of awards—all of which require an analysis of the facts to give you an estimate.
Compensatory damages are the most easily calculated. You would be entitled to collect from Merck your actual losses, which entails medical expenses, lost wages, and the like. Additionally, you could be awarded damages for your pain and suffering—meaning that Merck would have to compensate you for your lowered quality of life due to the injury. Also under this broader category of damages is compensation for loss of consortium, which is compensation for any harm caused to your marital relationship.
You will need to speak to a legal professional to get a reasonable estimation of these types of awards.
The other type of award that Merck may be forced to pay if they are found liable for your injury is punitive damages. While punitive damages—those levied against companies for particularly egregious behavior—are often awarded in cases involving negligent pharmaceutical companies, they are not always awarded to the plaintiff. Often, the court will mandate that the company make their penance to the public by donating the punitive award to a charity or other public organization.
If you believe you have suffered an injury due to your Fosamax prescription, then you should contact the Rottenstein Law Group . RLG’s attorney’s have years of experience representing clients who have been harmed by negligent drug companies. For a free consultation to determine whether you might be entitled to a Fosamax femur fracture settlement or award, please fill out this contact form.