Class Action Blog : Consumer Fraud, Consumer Protection, Securities and Antitrust Lawyer & Attorney : Meiselman, Denlea, Packman, Carton & Eberz

On July 21, 2011, the FDA announced that it was continuing to review data from published studies to evaluate whether the use of oral bisphosphonate drugs used for the treatment of osteoporosis (e.g., Fosamax, Boniva, Actonel) is associated with an increase in the risk of developing esophageal cancer. The evidence is not conclusive, but one study published in the British Medical Journal found that, for patients who had received at least 10 prescriptions for oral bisphosphonates or who had the drugs prescribed for a five year period, the risk of esophageal cancer doubled. Significantly, this risk did not vary materially when adjusted within subgroups defined by age, sex, smoking status, alcohol consumption or body mass index.

Subsequently, on July 27, 2011, the National Institutes of Health published a solicitation to procure the services of Kaiser Permanente "to provide extraction of relevant data from computerized databases and prepare analytic files suitable for epidemiologic research to assess whether the use of oral bisphosphonates is associated with subsequent risk of esophageal cancer."

If you, or someone you know, has contracted esophageal cancer after use of bisphosphonates, please contact us to discuss your legal rights. 

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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.

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