Fosamax Femur Fracture Class Action Lawsuit-Like Consolidation Sought

By Austin Kirk
Posted April 5, 2011

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A petition has been filed with the U.S. Judicial Panel on Multidistrict Litigation to consolidate all Fosamax femur fracture lawsuits before one judge for coordinated handling as part of an MDL, or multidistrict litigation. If the cases are centralized they will be handled similar to how a Fosamax class action lawsuit would be managed during pretrial proceedings, but each claim would continue to remain an individual lawsuit.

The Fosamax lawyers at Saiontz & Kirk, P.A. have been representing individuals since 2006 who experienced problems from the popular osteoporosis drug. Most of the lawsuits involve claims for osteonecrosis of the jaw from Fosamax, a painful and debilitating condition where portions of the jaw decay and die. However, recently, there have been a growing number of claims over unexplained, low-trauma femur fractures caused by Fosamax.

Last October, the FDA required the drug maker, Merck, to add new warnings to the drug label about the risk of Fosamax fracture problems. However, for years consumers were not adequately warned that they should seek immediate medical attention if they experience groin pain or thigh pain on Fosamax, as that may be a sign that appears weeks or months before a complete fracture of the femur on Fosamax occurs.

A Fosamax MDL is already pending in the U.S. District Court for the Southern District of New York for the jaw cases. However, Merck filed a motion on March 23 to establish a new MDL for the Fosamax femur fracture litigation. It is expected that the MDL panel will hear arguments on the motion for May 16, at the next scheduled session.

According to documents filed by Merck, more than 100 people have already filed a Fosamax broken femur lawsuit in federal district courts throughout the United States. However, based on the number of cases being investigated nationwide, attorneys involved in the litigation expect the filings will increase substantially in the coming months and years.

All of the cases involve similar allegations that side effects of Fosamax increase the risk of sudden fractures of the femur or thigh bone. These Fosamax broken bones typically occur with falls from standing height or less, and may occur without any trauma at all.

If the new MDL is formed, as is widely expected, the cases will be assigned to one judge during pretrial litigation, eliminating duplicative discovery in hundreds of different cases and avoiding inconsistent rulings by judges in different districts throughout the United States.

While most consumers consider MDL consolidation the same as a Fosamax femur fracture class action lawsuit, the cases are not permanently combined and do remain individual claims. Unlike a class action, each plaintiff’s damages are unique and they each still must established that their bone fracture was caused by side effects of Fosamax.

If a Fosamax femur fracture settlement agreement is not reached during pretrial proceedings, each case will be returned back to the federal district court where it was originally filed for an individual trial.

FOSAMAX FRACTURE CLASS ACTION LAWYERS

Potential claims are continuing to be reviewed by our Fosamax fracture lawyers for individuals throughout the United States. All cases are pursued on a contingency fee basis, which means that there will be no fees or expenses until a recovery is obtained, and nothing is owed if compensation is not secured.

To review a potential claim for yourself, a friend or family member, request a free consultation and claim evaluation.