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Failure to Warn
Editor's Note: The author, Tim O'Brien, was appointed Lead Counsel by the U.S. District Court for the Southern District of New York in MDL No. 1789, In re Fosomax Products Liability Litigation. The opinions expressed herein are Mr. O'Brien's and represent some of the arguments the plaintiffs are or will be making in the litigation.
Patients and Prescribers At Risk
Last month, we discussed what we believe is strong evidence that Merck's osteoporosis drug Fosamax' is directly linked to osteonecrosis of the jaw (ONJ), a disfiguring and disabling condition through which the jaw bones suffer literal bone death and, in some cases, rotting of the bone. This is an exceedingly rare disease, the causes of which are very few. In August 2004, the FDA Office of Drug Safety (ODS) issued a report finding the risk of ONJ to be a class effect common to the nitrogenous bisphosophonates, including Fosamax.
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