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Rottenstein Law Group Acknowledges Denial of Motion to Convene Class of Canadian Fosamax Users to File Suit Against Merck in Quebec


(New York, NY, September 6, 2011) The Rottenstein Law Group, which represents clients with claims stemming from the potentially dangerous side effects of the drug Fosamax, acknowledges a recent possible setback for Canadians who have suffered harm after taking Fosamax.

In early June 2011, the Quebec Superior Court dismissed a motion seeking permission to bring a class action against Merck Canada, Inc., and Merck & Co., Inc. on behalf of all persons in Quebec who had purchased or taken Fosamax. The petitioner in case no. 2011 QCCS 2447, Option consommateurs (a non-profit organization “whose mission is to promote and defend the basic rights of consumers and ensure that they are recognized and respected,” according to its Web site), alleged that the Merck companies had been negligent and failed in their duties to inform the public through its marketing materials, that use of the drug has been linked to osteonecrosis of the jaw. The petitioner also alleged that use of Fosamax increases the risk of a rare type of thigh bone fracture. The suit would have sought reimbursement of the price paid for the drug, in addition to compensatory and punitive damages.

The Quebec Superior Court denied the motion, finding that the petitioners failed to show that certain prerequisites of the approval of class actions were met. The court found the individual questions concerning the existence of harm, a casual relationship between the harm and the drug, and justifiable grounds were too numerous for a class action suit to be appropriate. Only the question of fault (negligence, manufacturing defect, and/or a lack of public information of the dangers of the drug) might be decided on a common basis. Additionally, the court was not convinced that there are enough potential class members to warrant such action, nor that the petitioner is in a position to provide adequate representation of any group that might be established (in part because of testimonial inconsistencies and a stated intention to relocate abroad).

The U.S. Food and Drug Administration (FDA) issued a Fosamax warning in October 2010, stating that it and other bisphosphonates causes atypical low-impact femur fractures. Consequently, numerous lawsuits have been filed against the manufacturer in several federal courts. The suits allege, among other things, that Merck did not adequately test the drug and then failed to warn consumers of its dangers.

The Rottenstein Law Group advises anyone with a friend or family member who has been prescribed Fosamax or another osteoporosis drug to recommend to that person that he or she consult a physician immediately, then speak to a qualified Fosamax lawyer. The Rottenstein Law Group lawyers have a total of more than 25 years of experience fighting for the rights of clients who have suffered harm due to the negligence of powerful corporations. Affected individuals are advised to keep apprised of the latest news concerning the Fosamax femur fracture lawsuits by checking the Fosamax Femur Fracture Lawsuit Information Center for updated information. The site is equipped with easy-to-use social media features which will enable users to spread the word about the dangers of Fosamax.

About the Rottenstein Law Group
The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, a lawyer with over two decades of experience in compassionate representation of clients in consumer product injury, mass tort, and class action law suits. For more information, please visit their Web site, or call (888) 9-ROT-LAW.


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