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Merck & Co. Faces Lawsuit Over Fosamax

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Case ID: 4758 | Drugs / Medical | 04/13/2006

A class action lawsuit recently filed charged that Fosamax, one of the most prescribed drugs to help increase bone density, actually does the reverse on the bone in the jaw-by destroying it. The lawsuit claims that its maker, Merck, was negligent in promoting its osteoporosis drug. According to the lawsuit, Fosamax is a defective product because it can cause osteonecrosis of the jaw, or a rotting of the jaw bone. The suit alleges that Merck concealed and continues to hide Fosamax's potentially dangerous side effects from patients and doctors.

Fosamax is Merck's second best-selling drug bringing in $3.2 billion in revenue. It is taken by nearly 10 million men and women. According to the lawsuit, Fosamax belongs to a category of drugs known as nitrogenous bisphosphonates. Some other drugs in the same category are used for chemotherapy and the lawsuit claims medical journals had been reporting a connection between those medicines and the jaw condition. The suit contends that since Fosamax is in the same class of drugs, Merck should have known its product could lead to such problems.

The lawsuit further alleges that the U.S. Food and Drug Administration asked Merck to add a warning to Fosamax's label in August of 2004 and that it has yet to comply with that request.

Merck claims that it received a request from the FDA to update the label with information about the condition in January 2005. It says that by July 2005 information regarding the problem was on the label.

The lawsuit is open to anyone that suffered osteonecrosis, or death of the jaw bone after taking Fosamax. If you or a loved one suffered such a condition, click the above link and one of our attorneys will contact you.


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