Fosamax Jaw Damage Trial Starts Today

Among Fosamax lawyers, all eyes are on the federal court in Manhattan, where the first jaw necrosis trial is underway. The case is the first of three cases scheduled for trial out of about 900 Fosamax lawsuits that are pending throughout the United States. While the outcome of this case will not have a binding effect on any of the other cases, the way the jury responds to the facts could be representative of how they will decide issues in other cases and could ultimately facilitate an eventual Fosamax settlement.

>>INFORMATION: Fosamax Jaw Damage Side Effects

All federal lawsuits involving Fosamax have been consolidated in an MDL, or multidistrict litigation, in the U.S. District Court for the Southern District of New York before Judge John F. Keenan. As part of the pretrial proceedings, three cases were scheduled for early trials, known as “bellwether” cases.

The term “bellwether” refers to how the cases will serve to predict or forecast what may happen in the future. It is derived from the practice of placing a bell around the neck of a castrated ram (a wether) that is leading its flock of sheep, where the movements of the flock could be noted by hearing the bell before the flock was in sight.

The trial that starts today with opening statements involves the plaintiff Shirley Boles, who used Fosamax for a number of years. Boles claims that the build up of the drug in her system, since Fosamax has a long half-life, led to the permanent decay and destruction of her jawbone, known as osteonecrosis of the jaw.

Although Merck & Co., which manufactures Fosamax, indicates that they intend to defend itself in court in these cases, a similar early litigation strategy was employed in cases filed following the 2004 Vioxx recall, which ultimately resulted in a $4.85 billion global settlement for more than 30,000 lawsuits.

As of June 30, 2009, approximately 899 Fosamax lawsuits have been filed in state or federal courts throughout the United States on behalf of 1,280 plaintiff groups.

FOSAMAX LAWYERS

The lawyers at Saiontz & Kirk, P.A. are continuing to investigate potential Fosamax jaw lawsuits on behalf of users of the popular osteoporosis drug who have been diagnosed with osteonecrosis of the jaw (ONJ), or experienced symptoms like:

• jaw pain
• infection of the gums or jaw infection
• jaw swelling
• loosening of the teeth
• tooth ache
• poor healing gums
• numbness or a feeling of heaviness in the jaw (“Numb Jaw” or “Heavy Jaw”)
• exposed jawbone and drainage

To review a potential claim and determine if you, a friend or family member may be eligible to pursue a Fosamax case, request a free consultation and claim evaluation.