Ruling Limits Claims Allowed in Fosamax Lawsuit MDL

Ruling Limits Claims Allowed in Fosamax Lawsuit MDL

By John Curran

Judge John Keenan has made a Lone Pine standard that will affect many plaintiffs and their Fosamax multidistrict litigation (MDL) lawyers. However, it is important for patients who have used Fosamax and are considering filing a lawsuit to know what Fosamax side effects will be excluded from this decision.

Keenan has said that Fosamax lawsuit plaintiffs will have to demonstrate that they developed Fosamax osteonecrosis of the jaw side effects or femur fracture issues. While these do represent 60 percent of Fosamax lawsuits, that still leaves a substantial number of claims that will be thrown out of the multidistrict litigation, out of the roughly 1,000 or so currently pending. Here are a few of the conditions that will not be addressed by Judge Keenan:

Fosamax Gastrointestinal Side Effects: Ulcers and esophageal cancer have been linked to the anti-osteoporosis drug for years. While Fosamax gastrointestinal side effects generally target the esophagus, it can cause issues throughout the entire tract.

Other Fosamax side effects: Conditions similar to schizophrenia have been reported, with hallucinations. In addition to ulcers, Fosamax side effects can also include Stevens Johnson Syndrome and toxic epidermal necrolysis. Both are conditions where the body attacks itself, leading to inflammation and skin damage. While rare, they can potentially be fatal and there are few treatments available except for medically-induced comas.

It may be difficult to go over testimony for bone-related issues as compared to these more varied conditions. However, that is of little help to Fosamax MDL lawyers who may now have to try their cases in other courts. In addition, it prolongs the possibility of a legal remedy for these plaintiffs if an additional multidistrict litigation has to be set up for the hundreds of cases.

It is also unclear why the judge would write in his opinion that the order only affects people who do not produce documentation they already have. For some Fosamax side effects sufferers, the issue isn’t paperwork; it is the type of conditions they believe Fosamax caused. However, that does not mean that these Fosamax lawsuits will be unsuccessful. People who have suffered from any number of Fosamax side effects should consider legal avenues.

A free consultation to determine one’s eligibility to file an individual Fosamax injury lawsuit or Fosamax class action lawsuit is available at the Fosamax Class Action Lawsuit Investigation. Pursuing a claim against Merck & Co. may be one way to get help to pay for medical bills or pay for products and services to improve quality of life.

Updated January 1st, 2013