At least 900 lawsuits have been filed against pharmaceutical giant Merck & Co. (“Merck”) alleging that its Fosamax medication used to treat osteoporosis causes jaw damage. Fosamax belongs to the bisphosphonate family of osteoporosis drugs that also include the branded drugs Actonel and Boniva. Merck claims that Fosamax prevents bone fractures, particularly in post-menopausal women, by helping to increase bone density.
Consumers, however, allege that the drug can cause jaw damage after less than three years of use. Indeed, plaintiffs in the hundreds of lawsuits filed against Merck allege that Fosamax users have suffered osteonecrosis of the jaw, or “dead jaw,” a disease resulting from the temporary or permanent loss of blood supply to the bones. Without blood, the bone tissue dies, and ultimately the jaw bone may collapse. Fosamax users allegedly run the risk of developing a serious case of osteonecrosis of the jaw and suffering through the extreme pain associated with the death of jawbone tissue.
In a court decision released last week, United States District Court Judge John Keenan refused to dismiss 24 cases alleging that Fosamax caused jaw damage. The court ruled that the plaintiffs could introduce expert medical testimony to show that Fosamax can cause jaw damage, and that the evidence submitted by plaintiffs is sufficiently reliable to allow a jury to establish such a connection. As such, these cases were allowed to proceed and the plaintiffs now have an opportunity to convince a jury that Fosamax allegedly causes jaw damage.
If you have been prescribed Fosamax and have experienced osteonecrosis of the jaw (“dead jaw”), please contact us to discuss your legal options.