Lawsuits brought against Merck & Co., the manufacturer of Fosamax, have been growing in number, with a few plaintiffs recently filing complaints after experiencing not one, but two broken femurs allegedly from taking the osteoporosis drug for an extended period of time.
Fosamax is not the only drug in the bisphosphonate class capable of causing harm. Two other brands, Reclast (manufactured by Novartis), and Boniva (manufactured by Genentech), have also caused similar injuries to women who have taken them to counteract the effects of osteoporosis.
On February 3, 2012, the U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered that plaintiffs who experienced femur fractures allegedly from taking a bisphosphonate drug in addition to Fosamax were eligible to join the Fosamax multidistrict litigation (MDL 2243), which is currently underway in the U.S. District Court for the District of New Jersey. The panel expanded the Fosamax litigation to include complaints brought by plaintiffs who took one or more of these drugs, alleging that the medication caused them to experience an atypical femur fracture as a result of long-term use.
The MDL was originally limited to lawsuits filed by individuals who took Fosamax. The JPML, however, was forced to reconsider this limitation after a plaintiff who took Fosamax, Boniva, and Reclast sustained femur fractures in her right and left legs filed a motion to include her lawsuit in the Fosamax MDL. In determining whether this lawsuit should be transferred, the JPML noted that because the side effects of Fosamax are similar to those experienced by individuals who take Boniva and Reclast, the lawsuits involve common questions of law and fact, which justify the cases being added to the centralized Fosamax MDL.
What is Multidistrict Litigation?
Multidistrict litigation is an option that allows for greater efficiency when handling numerous lawsuits by different plaintiffs against one defendant or a common group of defendants. Unlike a class action lawsuit, MDL does not distribute equal damages to all parties involved; instead, it consolidates pretrial disclosures and eliminates the possibility of inconsistent pretrial rulings by multiple judges. In effect, MDL speeds up the litigation process for all involved and gives plaintiffs the option to maintain their individual lawsuits and go to trial separately if they choose to do so.
RLG Advocates For Those Who Have Experienced a Femur Fracture
If you have been taking Fosamax or another bisphosphonate for an extended period of time, and have suffered a femur fracture, it could be because of the medication. You might be eligible for compensation by filing a lawsuit against Merck or another drug manufacturer. The lawyers at the Rottenstein Law Group can help. Our lawyers have over 25 years of collective experience advocating for clients in consumer product injury and mass tort cases. Please fill out our confidential contact form, or call us at 1-877-332-2347, and one of our lawyers will be in touch.
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