"The Fosamax case is far more important than most drug litigations because Fosamax is still being sold and still causing extraordinary harm to innocent women," says Grossman, a partner in the Sanders Firm on Long Island. "I have met with over 50 Fosamax victims and many of their doctors. These women are suffering dearly."
"You and I shouldn't have to send this message to Fosamax users . . . Merck needs to pull this drug off the market and stop putting profits over safety"Fosamax was developed and marketed by Merck to treat bone diseases such as osteoporosis and Paget's disease. However, a number of studies have linked the use of Fosamax (alendronate sodium) to osteonecrosis of the jaw, better known as "dead jaw."
Dead jaw is as horrific as it sounds. According the medical literature, many Fosamax users experience negative affects after dental surgery. Their gums may become infected, swell and bleed and refuse to heal. Victims often report a numb feeling in their jaw. Ultimately, the jawbone begins to decay, resulting in so-called dead jaw. The condition is usually permanent and can be disfiguring.
Fosamax dead jaw victims are often so debilitated that they have to sip their food through a straw. "Can you imagine your doctor telling you that you will never experience another meal again?" says Grossman. "Obviously, this is difficult to deal with and has also led to severe depression in some of our clients."
The suit filed by Grossman alleges that Merck knew of the risks associated with Fosamax and failed to warn users or advise them take a ''drug holiday" prior to any dental procedures.
Thousands of Fosamax users have litigation pending against Merck, but Grossman's client's case will be the first to come trial. The trial begins on July 10, 2010, and Grossman expects it to serve as a bellwether event that will determine the course of further legal action against the company and the future of Fosamax.
Meanwhile, the Food and Drug Administration has recently issued a Drug Safety Communication raising concerns about the use of Fosamax and the increase in femur fractures in women. The Sanders Firm is currently reviewing information and preparing to file Fosamax femur fracture suits against Merck.
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Right now, it is Merck and its drug Fosamax that Grossman has in his sights. "You and I shouldn't have to send this message to Fosamax users," he says. "Merck needs to pull this drug off the market and stop putting profits over safety."
Marc Grossman graduated from The University of Michigan in 1989 and subsequently completed a J.D./MBA at Brooklyn Law School and Baruch Business School. Grossman is a senior partner at Sanders, Sanders, Block, Woycik, Viener & Grossman, a firm that has earned millions in settlements and verdicts for clients over the last two decades.