Fosamax class action lawsuit filed in Canada

Austin Kirk

By Austin Kirk
Posted June 21, 2007

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A Canadian law firm has filed a Fosamax class action lawsuit against Merck Frosst Canada, the manufacturer of the popular osteoporosis drug in Canada.  The suit was filed because the drug maker failed to adequately warn patients and doctors about the risks of developing decay of the jaw bone.  In the United States, individual Fosamax lawsuits are being pursued by hundreds of users who have been diagnosed with the painful condition, known as Osteonecrosis of the Jaw.

>>INFORMATION: Fosamax Lawsuits

Osteonecrosis of the Jaw, also known as “jaw death” or ONJ, can cause the jaw bone to decay and die.   Several thousand users have been diagnosed with the condition after taking Fosamax for treatment of osteoporosis or Paget’s disease.

According to the Fosamax class action lawsuit, the manufacturers were aware of the increased risk users faced of developing Osteonecrosis of the Jaw as a side effect of Fosamax, yet they failed to provide information to users and physicians which would allow them to make an informed decision about whether the benefits of the osteoporosis drug outweighed the danger of jaw problems.

Fosamax was approved in Canada in 1995, the same year it was approved in the United States.  A Merck spokesperson has confirmed that the company received reports of the rare jaw condition in patients using Fosamax  in 2003, but it is likely that they were aware of the problems earlier.  In March 2005, the warning label for Fosamax was updated in Canada to include a warning about osteonecrosis of the jaw, after Health Canada ordered the label update.  The warning label was updated in the United States in July 2005, after a similar request from the U.S. FDA.

FOSAMAX LAWSUITS IN THE UNITED STATES

The Fosamax Lawyers at Saiontz & Kirk, P.A. have been representing users of the osteoporosis medication since 2006.  Lawsuits are being pursued for users in the United States who have been diagnosed with Osteonecrosis of the Jaw after using Fosamax.  If you, a friend or family member believe you may have a claim, request a free claim evaluation.

9 Comments • Add Your Comments

  • cynthia says:

    All the bisphosphonate meds- including actenol, boniva, etc., need to be used with caution, due to the possibility of osteonecrosis of the jaw. Why is it that just the fosamax lawsuits are getting all the attention???? And why aren’t dentists routinely asking patients if they are on these meds? Aren’t they liable in some way if it is on patients chart they are taking these meds, and still ignore the possibility of osteonecrosis and perform a dental procedure??? Mad? You bet I am. Dentists and periodontists are not reading their medical journals. It took over a year after tooth extraction with no healing for the periodontist to start wondering why, this, even after I told him I thought it was due to having taking actenol…A second opinion and pathology report confirmed my suspicions. I’d rather risk a broken bone than having been diagnosed with osteonecrosis. And the FDA needs to be held accountable as well as the drug companies and healthcare providers. Be scared, very scared of these meds.

    Posted on June 28, 2007 at 2:00 pm

  • Kathleen W says:

    Cynthia,
    How long did you take the bisphosphonate?

    Posted on August 2, 2007 at 11:07 am

  • cynthia says:

    kathleen,
    without reviewing my notes, and timeline of problems/teeth issues, i think i took it about 2 years. keep in mind it has a long half life, and stays in your body at least 10 years after stopping the med. doc tried to get me to take boniva, took one pill, and stopped!!!!!

    dentists are downplaying the significance of possible problems with patients taking these meds. even the first periodontist i saw, who did the extraction, kepts telling me after over a year, he didn’t understand why i wasn’t healing properly, and kept x-raying my mouth. i told him each time i saw him i had takng actenol, but he wanted to believe problems could occur with folks who got the drug IV, while taking chemo……finally got a second opinion. pathology report confirmed diagnoses of osteonecrosis…..

    cynthia

    Posted on August 4, 2007 at 10:19 am

  • Lynn says:

    My panoramic jaw xray was fine before fosamax, as were my teeth.
    The jaw panoramic xray AFTER the Fosamax, was so bad that the dentist felt that I had serious deterioration of my jaw and teeth. I now have five crowns, and recently had to have oral surgery to remove a floating bone in my jaw. My dentist advised me about the Fosamax side effect.

    Posted on December 3, 2009 at 3:23 pm

  • dale says:

    My Mom has had a severe reaction to Actenol. Is this in a completely different category from Fosamax? And does anyone know who i should get in touch with for class action or legal recourse of some kind ? We are in Hawaii, USA.

    Thank you.

    Posted on July 17, 2010 at 10:47 pm

  • Carole says:

    I have been taking Actenol for 4yrs and recently had a fall that fracured my pelvis and subsequently developed thrombosis. I did not slip or trip on anything, my legs just gave way when I fell which makes me think that perhaps my weak pevis just snapped causing me to fall. Does anyone know who I should get n touch with for class action or legal recourse of some kind. I live in Canada.

    Posted on September 28, 2010 at 1:57 pm

  • Mary says:

    Carole:
    I have a fractured femur as a result of taking Fosamax for over 5 years. My rheumatologist did not give me any warnings until the fracture occurred then said “oh yes, one of the emerging side eefects is femoral fractures! I have had to stop work and am using a walker all the time.
    I would like to find someone in ON that is pursuing this. Did you receive an answer?

    Posted on January 8, 2011 at 11:11 am

  • Niki says:

    I am in the same boat as Mary, and I have the same question as Carole. If anybody is doing a class action or if anybody knows a lawyer who is dealing with these cases, please count me in. I also live in Canada.

    Posted on March 11, 2011 at 1:14 am

  • Hilde says:

    I started takingFosamax in October of ’04 and on Jan. 12, 2011 my
    Right Femur fractured. X-rays at the hospital showed that my Left
    Femur was also badly cracked.
    I had surgery for the Right on Jan. 15th and for the Left on March 26.
    The Left is okay, but the Right has never healed and todate (Nov. 14)
    the surgeon is still trying to fix it. I’ve had two day surgeries to remove some screws – to lessen the tension – and I should know before Christmas if it is starting to heal. Failing this, the only thing they can do is – remove the titanium nail and try to graft cadavar bone between thebreak. Really looking forward to that !! What a nightmare.

    Posted on November 15, 2011 at 12:46 am

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