This week the Third Circuit Court of Appeals decided to reverse a ruling by U.S. District court Joel Pisano. Judge Pisano dismissed all federal court Fosamax cases on federal preemption grounds. The Third Court decided that whether the FDA would have rejected a Fosamax label change by the manufacturer, Merck to warn consumers about an increased risk of femur fractures should be decided by a jury. It was not up to Judge Pisano to make the decision.
Fosamax Femur Fractures
In 2008, researchers uncovered that Fosamax may cause femur fractures. The drug interferes with the bone remodeling process. This causes bones to become brittle by hardening the outer layer of bone cells. Thus, it prevents cell replacement. Consequently, tiny fractures accumulate resulting in fractures.
Fractures can occur even without injury. Plaintiffs complained they were merely walking or climbing stairs when a leg fracture took place. The most disturbing fact is that the femur is the strongest bone in the human body.
Label Change
After receiving thousands of complaints, the FDA ordered manufacturer, Merck to change Fosamax’s label to reflect the bone fracture connection. Merck took a full 16 months before adjusting the label. Even today, Merck vehemently denies any relationship between Fosamax and bone fractures.
This decision is a very positive step for those who suffered femur fractures after long-term Fosamax use. It is a chance for the victims to be heard, especially to a company who doesn’t believe them.
Get Justice
If you or your loved one has suffered an atypical femur fracture after taking Fosamax, you may be eligible for compensation to ease the associated financial, physical and emotional burdens. Contact us today to set up a free consultation during which we will listen to your story and discuss your legal rights and options. If you choose us to represent you, we will work with you on a contingency fee basis; this means you pay nothing until we have secured compensation for you, either through a jury verdict or settlement.