The Cochran Firm Legal Blog

On August 11 (Tuesday this week), the first Fosamax jaw damage lawsuit was scheduled to go to trial. Attorneys and others are watching to see its outcome, as it may indicate whether other such cases will be settled out of court.

What is Fosamax?
Fosamax is a drug made by Merck and used to treat osteoporosis. It is one of the bisphosphonates (also called diphosphonates), designed to prevent loss of bone tissue. Bones are continually replacing themselves, with some cells creating bone and others absorbing it. Bisphosphonates work by inhibiting the resorption of bone cells. Some other bisphosphonates are Actonel, Reclast, Zometa and Skelid.

Like all drugs, bisphosphonates have side effects and one is ONJ (Osteonecrosis of the Jaw, also called Dead Jaw Syndrome). Necrosis means death, and in ONJ, the jawbone (upper or lower) fails to heal after a mild trauma like a dental extraction. The blood flow is impaired so that insufficient oxygen and nutrients are reaching the bone tissue.

The affected jawbone can eventually be exposed for lack of healthy gums and infection may set in, or it may be fractured. Long-term antibiotics can help slow the process down and surgery can remove the dying bone tissue. However, these measures do not cure the ONJ.

FDA Involvement
Between 2002 and 2004, the FDA received about one hundred reports from oral surgeons who associated ONJ with use of bisphosphonates. In 2005, the FDA required that Fosamax and other bisphosphonates have updated labels that included ONJ warnings. After that, over 1,200 plaintiff groups formed and have filed 900 Fosamax lawsuits nationwide.

The Fosamax lawsuits claim that Merck did not warn physicians or patients that this drug could impair blood flow to the jaw, even in the updated labeling. This first Fosamax suit involves a Florida woman aged 71 who took Fosamax between 1997 and 2006 for osteoporosis, and suffered jaw and dental problems.

There are two more Fosamax lawsuits scheduled for trial this year, one in an Alabama court and one in a federal court.

If you have taken Fosamax or one of the other bisphosphonates and have experienced jaw problems, you might have a valid legal claim. Please call or email our personal injury law firm today and one of our defective drug attorneys will be happy to give you a free case evaluation.

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