Sixteen months elapsed between the first studies that linked Merck & Co, Inc.’s blockbuster osteoporosis drug, Fosamax, to atypical low-impact femur fractures and Merck’s decision to warn consumers and physicians about the potential risk by changing the drug’s label. The types of low-impact femur fractures in question are rare, and they happen due to falls that occur at standing height or less. Although research hasn’t conclusively proven the connection, evidence continues to mount, and the U.S. Food and Drug Administration (FDA) now discourages people from using Fosamax for more than a few years.
The agency continues to investigate the issue, and it will determine whether a recall is warranted. If so, the result could be a mountain of litigation brought by current and former users against Merck. Merck will push hard against any FDA decision as it earned billions of dollars on Fosamax. For instance, in 2008 alone, 37 million Fosamax prescriptions were filled out.
Merck Might Be Willing to Settle Claims
If you took Fosamax as directed and suffered one of these low-impact femur fractures, chances are suing Merck has crossed your mind. The advantages of taking this route should be obvious: If Merck is liable for your injuries, you could receive a substantial amount in compensation depending on the severity of harm Fosamax caused you. For instance, you could receive compensatory damages for actual harm, e.g. medical expenses, lost income, and transportation expenses. You might also receive damages for pain and suffering and loss of consortium, if you are married. If Merck’s negligence is significant enough you might even recover punitive damages, which courts sometimes give to plaintiffs in some cases, but in others they order the negligent company to give money to charity or another public organization. Only a legal professional can help you estimate the value of your case. Importantly, if you can easily prove Merck’s liability, then you might be able to reach a settlement with the company without going to trial.
RLG Advocates for Those Injured by Defective Drugs
Merck might have injured thousands of people by inadequately testing Fosamax. If you took the drug, then click on this link or call 1-877-476-1516 and a lawyer from the Rottenstein Law Group will call you as soon as possible and give you a free, confidential consultation.