Potential Fosamax Class Action Lawsuit Emerging in Canada


. By Gordon Gibb

Option-Consommateurs (OC), a not-for-profit consumer group based in Montreal, filed a class action demand in 2007 and according to the Canwest news service wants to launch a class action lawsuit against Merck Frosst for allegedly failing to disclose Fosamax side effects.

A spokesperson for OC, Jacinthe Lauzon, cites a number of disturbing international studies concerning Fosamax and bisphosphonates, which are used to treat osteoporosis and to strengthen weak bones. Lauzon says studies have found that bisphosphonates are not effective in preventing bone degeneration and fractures. Some patients have reported spontaneous fractures.

Fosamax osteonecrosis (ONJ), also known as Fosamax dead jaw, is another adverse side effect of Fosamax that affects about one out of every 1000 Fosamax users, according to Lauzon. Fosamax ONJ is painful and can have a devastating affect on a person's health and well-being.

Various lawsuits have been launched in the US on behalf of Fosamax patients suffering from osteonecrosis of the jaw following dental work or bone fractures of the femur. The plaintiffs allege that Fosamax manufacturer Merck Frosst may have released distorted data results based on too few studies when it was seeking approval from the US Food and Drug Administration (FDA).

The Canwest report says that 3000 women in the province of Quebec take Fosamax. In 2009 the Quebec health insurance board RAMQ reported that 1.5 million prescriptions for Fosamax were filled in the province at a cost of some $26 million.

A 2006 study by Health Canada showed that Fosamax did not significantly reduce the risk for bone fractures, with the possible exception of vertebrae bones. What's more, a longitudinal Italian study of 862 Fosamax users showed fractures at a rate of nearly 10 percent a year, higher than the company's clinical trials. The ICARO study published in 2008 suggests the benefits of the bone drug have been overstated.

OC wants Health Canada to reevaluate Fosamax in terms of safety and efficacy, Lauzon told the Montreal Gazette.

The Canadian class action lawsuit alleging Fosamax osteonecrosis and various other Fosamax side effects is expected to be heard in the fall.


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