News - Foley & Small Fosamax Lawsuit

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South Bend, IN – December 15, 2010 - Foley & Small LLP announces they have filed a lawsuit against Merck & Co., Inc. on behalf of an Indiana woman who experienced osteonecrosis of the jaw. The lawsuit was filed in U.S. District Court for the Northern District of Indiana.

According to the complaint, the Plaintiff was prescribed and used Fosamax from approximately 1998 to 2008 for treatment of osteoporosis.  Fosamax falls within the class of drugs known as bisphosphonates.  Bisphosphonates are used for treating bone conditions such as osteoporosis and Paget’s Disease.  Throughout the 1990’s and 2000’s, medical articles and studies appeared reporting the frequent occurrence of osteonecrosis of the jaw as a result of the use of bisphosphonates.  Osteonecrosis of the jaw is a severe bone disease that affects the jaws including the maxilla and the mandible.  Damage and death to the jaw bone occurs as a result of reduced local blood supply.  Ostenecrosis of the jaw is a serious medical event and can result in severe disability and complications.  In 2004, the United States Food & Drug Administration issued a report indicating that the risk of osteonecrosis of the jaw could result from various uses and applications of bisphosphonates.  Merck failed to warn customers of the risk of osteonecrosis of the jaw while using its bisphosphonate products and continued to market its product to unknowing physicians and the general public. 

The lawsuit filed by Foley & Small LLP sets forth allegations against Merck & Co., including Strict Products Liability, Negligence, Breach of Express and Implied Warranties, Fraudulent Misrepresentation, Fraudulent Concealment, equitable relief in the form of Medical Monitoring and for Punitive Damages.  The lawsuit alleges that because of her use of Fosamax, the Plaintiff sustained severe, permanent personal injuries; will require ongoing medical care and monitoring; endured pain, suffering and emotional distress.


Foley & Small LLP continues to offer free legal consultations to victims of Fosamax. If you, a loved one or acquaintance suffered injuries because of Fosamax use, please contact Foley & Small by visiting Free case evaluations are also available by submission through our website and by calling 1 800 276 2525.

About Foley & Small LLP
Foley & Small LLP is a personal injury & trial law firm that represents plaintiffs from Indiana and surrounding states.  Foley & Small LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective drugs, medical devices, and other products and due the negligence of others.



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