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New Ruling Could Affect Generic Fosamax Lawsuits
By Andrea Gressman
It was recently reported that the number of Fosamax lawsuits is now over 2,200. However, this number only accounts for those who used the name brand version of Fosamax and does not account for the thousands of potential users who took a generic version of Fosamax and developed severe side effects.
A recent ruling in the Alabama Supreme Court may have made a huge impact on the way Fosamax lawsuits are handled in the future. The court recently issued a ruling that will allow patients who took generic drugs to file a lawsuit naming the brand name drug manufacturer as the defendant.
The decision was issued by the court on January 11, 2013, according a publication from the New York Times. The original ruling was for the drug Reglan’s generic version but this ruling could affect a number of other medications, including those who took or are taking the generic version of Fosamax and want to file a Fosamax lawsuit.
According to the Alabama Supreme Court ruling, “An omission or defect in the labeling for the brand-name drug would necessarily be repeated in the generic labeling, foreseeably causing harm to a patient who ingested the generic product.”
Previously, despite the fact that the generic version of Fosamax had the same side effect risk as the name brand version, the generic Fosamax side effect victim was not allowed to file a lawsuit against Merck, the drug’s manufacturer, in order to receive compensation. However, the generic drug is required to display the exact same warning labels as the brand-name drug. So, if the brand-name drug manufacturer fails to disclose a side effect risk, as many have claimed Merck did, the generic version of that drug is not allowed to put that side effect risk on the generic drug label.
A Supreme Court ruling in 2011, Pliva vs. Mensing, provided the ruling that a generic drug manufacturer could not be held liable for not providing a side effect warning to their patients because they were required to match the brand name drug’s label. Therefore, those who filed a generic drug lawsuit were out of luck for getting any type of compensation despite the severe side effects they suffered. This is a huge breakthrough in helping drug side effect victims get the compensation they are entitled to despite the fact that they were taking the generic version of Fosamax or the real deal. We saw this in a July 2012 decision in the U.S. District Court of New Jersey in which a generic Fosamax manufacturer was granted its request that all Fosamax femur fracture lawsuits that had been filed against it be dismissed. Fosamax lawsuit attorneys hope that this can be avoided in the future.
At this time this ruling only applies to lawsuits filed in Alabama and that are filed for failure to warn. However, it is the hope that other states will take notice across the nation and follow suit. Generic Fosamax is currently being manufactured by a number of different pharmaceutical companies, including:
- Apotex, Inc.
- Barr Pharmaceuticals, Inc.
- Cobalt Laboratories, Inc.
- Dr. Reddy’s Laboratories, Ltd.
- Mylan Pharmaceuticals, Inc.
- Teva Pharmaceuticals
- Watson Laboratories, Inc.
If you took Fosamax or a generic version of Fosamax and experienced a negative side effect, you may have the option to file a Fosamax lawsuit. Visit the Fosamax Class Action Lawsuit Investigation Page to learn more about your legal options. There are Fosamax lawsuit attorneys investigating potential Fosamax side effects. Some of these including atypical femoral fractures, esophageal or upper gastrointestinal cancer, delayed healing and Osteonecrosis of the Jaw (also known as Dead Jaw) where the bones of the jaw have decayed. Be sure to get your free consultation today.
Updated January 22nd, 2013
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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One thought on New Ruling Could Affect Generic Fosamax Lawsuits
Today’s date: 5/7/2019
I was given FOSAMAX to strengthen my bones. I was on it for 5 years, no more. I have medical records of the years to be definite. In the mean time I believe the things that have and are happening to me is because of FOSAMAX.
Since 2014 a list below has been happening to me. This is off the top of my head, and there could be other issues I’m not remembering right now.
*April 2014, new right hip (femur, it cracked putting in and was wired to hold and heal)
*around 2015 I had to have my oral dentist do a bone augmentation of my jaw/gum to get tooth implant
*October 2017, new left knee
*April 2018, fell and broke my humorous bone (upper left arm, still in pain, not healed full)
*2018 was tested and diagnosed with osteoporosis
*2018 was treated with an IV injection of something called “reclast”
I do not know where to go next. I have contacted a pro bono attorney last week and am still waiting to hear from them.
I didn’t know any of this was an issue until I broke my arm April 2018. At emergency hospital after x-rays were taken, I was referred to different doctors. Of which one was checking for osteoporosis. Yes, I have it. Testing will be done in December 2019 to see if the “reclast” medicine has strengthened my bones. I trusted that the FOSAMAX was safe to take because it was regulated and my doctor provided it. I also understand that the pharmaceutical company, Merck knew it was bad AND CONTINUES TO MAKE IT under a different name.
What can I do as I am just now becoming aware of this bad medicine?