Osteoporosis, which causes bones to become brittle and weak, causes about 1.5 million fractures every year. Fosamax is an osteoporosis medication manufactured by Merck. Initially it was hailed as a superior treatment for those at risk for osteoporosis and Pagets Disease of Bone. As our Fosamax lawyers are aware, however, there are now thousands of cases pending against the manufacturer, however, linking Fosamax to serious medical problems like osteonecrosis of the jaw (dead jaw syndrome), femur fractures, and bone deterioration. It has also been associated with esophageal cancer and chronic irregular heartbeat. Fosamax remains on the market, but new warnings were added to alert consumers that its usage carries risk. If you suffer injuries due to Fosamax or another dangerous drug, the product liability attorneys at Moll Law Group are available to represent you in a lawsuit. Billions of dollars have been recovered in cases in which we were involved.Proving Liability for Injuries Caused by Fosamax
Fosamax is supposed to work by slowing the body's process of bone breakdown by promoting bone density. For that reason, it was also recommended for patients with osteopenia, a thinning of the bones, which previously went untreated. However, researchers have discovered that the use of the drug actually weakens and crumbles bones. The FDA has required Merck to add warning labels over the years and rebuked the manufacturer for falsely advertising the benefits of Fosamax.
Drug manufacturers are required to provide warnings to consumers about adverse side effects and risks associated with a medication. They may be held strictly liable when they fail to provide adequate warnings, and consumers are injured as a result. When strict liability is used, a manufacturer is responsible for the harm caused even if it used reasonable care in formulating and testing a product. In some states, a negligence standard is applied, and in those states, it can make a difference whether a manufacturer used reasonable care. A plaintiff in those states needs to prove the drug manufacturer's duty, a breach of duty, causation, and actual damages.
Since the drug works by making bones weaker, when it is intended to correct thinning of bones and osteoporosis, it is possible that claimants retaining Fosamax lawyers also have a design defect claim. Design defects exist when there is a flaw in the design that makes the product unreasonably dangerous. Usually, plaintiffs claiming design flaws must show a reasonable alternative design.
If you successfully prove a product liability case, you may recover compensatory damages, which are meant to restore an injured person to the condition that he or she was in prior to the harm. Liability is expressed in terms of money that the jury considers equivalent to the value of the economic and noneconomic losses sustained. Common economic losses in Fosamax claims include medical expenses, lost wages, and the cost of disability, such as the cost of household services if you are no longer able to perform these due to fractures. Noneconomic losses are harder to quantify and include items like pain and suffering, mental anguish, and loss of consortium. The third item addresses losses incurred by the spouse of the injured person, such as a loss of affection or companionship.Explore Your Options with a Fosamax Attorney
If you suffer fractures or other injuries due to the use of Fosamax, the product liability lawyers at Moll Law Group are available to help you file a lawsuit for compensation. We represent consumers nationwide, including in states such as California, Florida, New York, Texas, Pennsylvania, Ohio, Arizona, and Michigan. Call us at 312-462-1700 or use our online form to set up a free consultation with a Fosamax attorney.