Fosamax Victims Will Have Their Day in Court

U.S. District Judge John Keenan has ruled in favor of 24 plaintiffs, stating that their lawsuits involving the drug Fosamax will not be dismissed, as previously stated.

Fosamax, a drug used in the treatment of osteoporosis, is also known as a bisphosphonate.  Bisphosphonates have been linked to a side effect called Osteonecrosis of the Jaw (ONJ), or “Dead Jaw Syndrome”, which interferes with the healing process of the bone tissue of the jaw.  The condition is dangerous because even after minor trauma, such as a tooth extraction, the victim’s jaw may not heal leaving the bone exposed.  Bone exposure may lead to further infection or fracture and can require long-term treatment using antibiotics or even surgery.

The FDA got involved in 2005 and ordered that all Fosamax labels be updated to contain a warning about ONJ.  Since that time there have been nearly a thousand personal injury lawsuits filed involving the drug and its side effects.

The drug’s manufacturer, Merck & Co. has been pushing to get lawsuits involving anyone who has been taking Fosamax for less than three years dismissed on the grounds that it would take longer than three years for ONJ to develop.

Judge Keenan disagreed and is allowing 24 lawsuits to continue.  He is also consenting to the testimony of two expert witnesses for the plaintiffs which states that the drug can cause ONJ in patients who take it for less than a three year period.  The testimony of a third witness, however, is not being permitted because he only recently began changing his opinion on the negative effects of Fosamax.

Judge Keenan wrote in his ruling that whether or not there is a three-year threshold is a “genuine issue of fact for trial”.

The ruling is a victory for personal injury victims everywhere.