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Merck Wins Fosamax Lawsuit

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Newark, NJMerck has reportedly won the its fifth Fosamax lawsuit, which alleged a patient suffered serious Fosamax side effects after using the medication. According to the lawsuit, the patient suffered Fosamax jaw problems and alleged Merck did not adequately warn patients about the risks associated with the medication.

Businessweek (4/18/12) reports that Merck announced it had won the lawsuit, the fifth victory for the drugmaker in Fosamax lawsuits and the second state court case to go to trial. So far, six lawsuits have gone to trial, with the plaintiff winning one lawsuit. In that lawsuit, the plaintiff's award was reduced to $1.5 million, although Merck plans to appeal the verdict in that trial.

According to Businessweek, the jury in the most recent lawsuit found in favor of Merck, which argued that the plaintiff's jaw problems were caused by significant infections and conditions that affected her ability to heal from surgery to remove four teeth. The plaintiff had alleged that use of Fosamax, which she took from 2002 to 2008, caused complications from tooth removal surgery, which resulted in her serious jaw problems.

Approximately 2,300 Fosamax lawsuits have been filed in state and federal court against Merck, with many alleging patients developed jaw problems, including osteonecrosis of the jaw, after using Fosamax to strengthen their bones. Merck has defended itself, saying it properly researched Fosamax and monitored the drug since it was approved for use.

Meanwhile, a study published in the Canadian Medical Association Journal (and reported on by The Globe and Mail; 4/5/12), suggests that patients who use osteoporosis drugs such as Fosamax are at an increased risk of eye problems. The eye problems, uveitis and scleritis, can be painful and, if left untreated, can cause permanent damage.

According to the study, for every 1,100 people who recently began treatment with bisphosphonates (a class of drug that includes Fosamax), one extra person developed uveitis, and for every 370 new bisphosphonate users, one extra person developed scleritis, compared with the rate of development of those conditions in the general population.

Fosamax and other bisphosphonates are used to prevent osteoporosis. They have been linked in studies to atypical femur fractures and osteonecrosis of the jaw (jawbone death).

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READER COMMENTS

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I am a 62 years old female and am requesting for pre-settlement funding of my fosamax case. I had two hip surgeries in one-month time in 2009. I have metals in my thighs. I suddenly broke my two legs due tofosamax at my home. i have rheumatoid arthritis. i became permanently disabled due to arthritis and i broke my two legs due to fosamax. i was taking Fosamax for more than seven years. my surgeons and doctors told me that Fosamax was the cause of my fractures. my case is still pending with the superior court in California since 2011. i lost my job and income. i'm suffering from severe medical condition and financial hardship. I have severe anxiety and depression. I lost my home, property, savings, income, and job. my disability insurance income suddenly stopped already end of july 2013, and I can't pay my 1bd-1ba apartment rent beginning first of august, and I don't have any money to pay my bills and my regular living expenses. I will be evicted if I don't leave at the end of this month-my termination date – August 2013. I can not afford to buy even a small condo for myself here in orange county, ca because my credit report became worse since i became disabled. I’m taking chemotherapy and weekly injection. I finished the Forteo injection that I administered myself each night for two years after I came back from the rehab of my two hip surgeries. i don't want to be homeless or live in a shelter. I’m hoping to get a pre-settlement funding loan so I can buy a small 1bedroom -1bath condo for myself. please help me.

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