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Rottenstein Law Group Watching with Interest the Progress of Fifth Fosamax Osteonecrosis of the Jaw Trial Currently Underway


(New York, NY, September 19, 2011) The Rottenstein Law Group, which represents clients with claims stemming from the severe side effects of the osteoporosis drug Fosamax, is paying close attention to the developments in the fifth case to go to trial involving Fosamax and the painful condition known as osteonecrosis of the jaw. The trial has just gotten underway.
On September 8, in Secrest v. Merck – a so-called bellwether lawsuit of the many that were consolidated for pre-trial purposes in In Re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. I), Multidistrict Litigation Case no. 1789 – opening statements were delivered by counsel for the respective parties before Judge John F. Keenan of the United States District Court for the Southern District of New York. Secrest v. Merck (case no. 1:06-cv-06292) is the fifth lawsuit to go to trial involving claims that Fosamax caused a plaintiff to suffer osteonecrosis of the jaw (ONJ). Merck, the manufacturer of Fosamax, is currently embroiled in thousands of Fosamax cases, responding to allegations from plaintiffs that use of the osteoporosis drug caused users to suffer femur fractures as well as ONJ.
The plaintiff’s opening statement concentrated on the theme that Fosamax causes ONJ, a very serious condition. Mrs. Secrest’s counsel communicated the following points: Fosamax causes ONJ; it was reasonably foreseeable by Merck that that Fosamax would cause ONJ; Merck insufficiently monitored post-marketing “adverse event” data; Merck made misleading representations regarding ONJ; Merck made no attempt to study the risk of ONJ relative to Fosamax; and Merck publicly overstated the efficacy of Fosamax.
Counsel for Merck stated that the evidence produced at trial will show that the plaintiff’s injuries were not in fact caused by her using Fosamax. Merck’s opening statement was twofold: Fosamax did not cause Linda Secrest to develop ONJ, but rather her pre-existing medical condition and a history of dental problems did; and Fosamax was not defectively designed. In addition, Merck stated that when it was made aware of the suggestion that ONJ is a potential side effect of Fosamax, it conducted an investigation, ultimately concluding that no reliable evidence exists connecting the drug and the condition.
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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