Fosamax Lawsuit – Femur Fracture Risks

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Osteoporosis treatment drug, Fosamax, may have increased the risk for femur fracture, jaw injuries and osteonecrosis. Pharma giant, Merck, may be facing thousands of Fosamax lawsuits due to injuries caused by the medication.

Fosamax (alendronate) is a bisphosphonate medication used to treat and prevent osteoporosis in men and women and to treat bone loss in other medical conditions including Paget’s disease and glucocorticoid use. Though it is intended to reverse bone loss, improve bone density and protect against osteoporosis, it may have increased the chance for serious injuries including:

  • Femur fracture
  • Osteonecrosis of the jaw
  • Other bone injuries

Thousands of people who have suffered bone fracture or osteonecrosis after taking Fosamax, have filed lawsuits against Merck seeking compensation for their injuries.

Drug Injury: Fosamax

Fosamax (alendronate) is a member of the bisphosphonate class of medications which works to prevent or reverse bone porosity or loss of bone density. It works by inhibiting activity of the osteoclasts, which are cells that work to remove minerals such as calcium from the bone tissue so that it can be used in other areas of the body. Fosamax’s interference with osteoclasts can reduce bone turnover and ultimately, help to prevent or treat bone loss.

Brand NameFosamax
Generic Namealendronate
Classificationbisphosphonate
ManufacturerMerck & Co
Dosage form(s)5mg tablet

10mg tablet

35mg tablet

40mg tablet

70mg tablet

70mg oral solution

Normal dosageTreatment of osteoporosis in postmenopausal women

·      10mg daily or 70mg weekly

Prevention of osteoporosis in postmenopausal women

·      5mg daily or 35mg weekly

Treatment of osteoporosis in men

·      10mg daily or 70mg weekly

Treatment of glucocorticoid-induced osteoporosis

·      5 to 10mg daily

Treatment of Paget’s Disease

·      40mg daily for 6 months

Fosamax Femur Fracture

Fosamax, a popular drug in the bisphosphonate class of medications, is used for the treatment of osteoporosis in both men and women and for bone disorders. Though the drug is intended to strengthen bones and reduce bone porosity which leads to degradation and fracture, strong evidence has shown long-term use of Fosamax or its generic equivalent alendronate has the opposite effect in some patients. Some women who have taken the drug for five years or more have experienced atypical femur fractures during normal everyday activities without apparent cause. Other evidence shows the drug may contribute to osteonecrosis (bone death) involving the jaw bone.

The femur bone is one of the largest and strongest bones in the body, intended to withstand serious stress. Common causes of femur fractures are falls, car accidents, or severe osteoporosis. Patients who are subject to loss of bone density and are given Fosamax, may be unaware of the side effects which can lead to femur fracture or other bone loss.

Fosamax Osteonecrosis of the Jaw

In addition to femur fracture, bisphosphonates like Fosamax may increase the chance for a severe bone disorder known as osteonecrosis of the jaw (ONJ). Osteonecrosis occurs when the bone tissue begins to die due to an inability of the body to continue to supply blood and oxygen to the area. When osteonecrosis occurs in the jaw, sections of the bone or jaw may require removal.

Fosamax may also cause other side effects including:

  • Abdominal pain
  • Nausea
  • Constipation
  • Headache
  • rash
  • Atrial fibrillation

Fosamax should be taken on an empty stomach with a full glass of water. After taking the medication, the patient should remain upright and should not lie down for at least 30 minutes after taking the medication.

Fosamax Warnings

Bisphosphonates, or equivalents of Fosamax, are strongly recommended for menopausal women but there may have been a lack of information about long-term use. It is intended to reverse and prevent bone loss but may have a negative impact on the ability to regenerate new bone and may actually increase the risk of bone tissue death and new fracture formation.

In 1997, the U.S. Food and Drug Administration issued a warning regarding Merck’s marketing program of Fosamax, stating that the company had used misleading and false statements in advertising and requiring that certain labeling changes be made. In 2004, the FDA warned that drugs in the bisphosphonate family may lead to “dead jaw syndrome” or osteonecrosis of the jaw but no action was taken at the time.

In 2008, after numerous reports had been received regarding femur fracture, the U.S. Food and Drug Administration pressured Merck, manufacturer of Fosamax to address reports and in 2009, Merck complied by adding information about the possibility of femur fracture to a list of potential side effects.

Unfortunately, there may have been little else done to inform the medical community or public about the risks. Patients may have continued to take the medication without full knowledge of the risks or symptoms that should be reported.

Studies published in the Journal of Orthopedic Trauma and the Journal of Bone and Mineral Research link Fosamax and other bisphosphonate drugs to a rare type of spontaneous fracture in the femur. Results showed who were taking Fosamax on average for four years or more and had similar numbers of low-impact femur fractures.

In 2010, the FDA began working closely with experts from the American Society of Bone and Mineral Research Subtrochanteric Femoral Fracture Task Force, to gather additional information that promised to provide insight into the grave risks associated with the drug. As a result, updated FDA recommendations for healthcare professionals as well as patients about the possible risks and side effects of oral bisphosphonates based on mounting results of clinical trials and ongoing studies were published and are available on the FDA website.

Fosamax Settlements and Lawsuits

More than 4,000 lawsuits have been filed against Merck for injuries caused by Fosamax. Federal cases were consolidated into multidistrict litigation (MDL) in New Jersey and New York. Though the company had offered settlements to several patients for amounts ranging from $285,000 to $1.5 million, no resolution of existing lawsuits has been made.

In June of 2018, the U.S. Supreme Court agreed to hear Merck & Co’s appeal over Fosamax lawsuits. The company has claimed that they are not liable for failing to warn the public because the FDA initially rejected proposed language for a warning. Lawyers for the plaintiffs have argued that the FDA had only objected to the way the warning was worded but later approved a properly worded warning, and in fact required that newly written warning on all prescribing information. Merck has tried to have lawsuits thrown out but has not been successful. The appeal has not yet been heard by the Supreme Court.

Past medical injury cases have awarded settlements to victims as compensation for medical costs, pain and suffering and lost wages but each case is unique and must be evaluated by a Fosamax lawyer.

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