In some cases, when individuals have been damaged by a company, the most effective lawsuit is going to be a class action lawsuit. In the case of Fosamax class action lawsuits, a case that represents a number of individuals harmed by taking Fosamax is presented. By joining a class action lawsuit, you will waive your right to sue the company (in this case, Merck) as an individual, however you will be eligible to receive a portion of the awards of the lawsuit – both punitive damages and compensatory damages.
Why Fosamax Class Action Lawsuits?
Ultimately, the reason why Fosamax class action lawsuits are brought to the courts is simple: it’s about the power of numbers. While an individual may be able to indicate that the damages that they have were the result of taking Fosamax, the evidence becomes more compelling when multiple persons with the same symptoms and damages come together.
What Is the Foundation of Fosamax Class Action Lawsuits?
The majority of Fosamax class action lawsuits have involved those patients suffering from osteonecrosis of the jaw and who have experienced a number of symptoms such as jaw pain, gun infections and exposed areas of bone inside the mouth as well as those patients who have needed surgery to remove exposed portions of bone. Additionally, those who have suffered osteonecrosis in other bones – most notably the hip, knee and shoulder – that leads to pain and reduced movement in the joint have been represented in class action lawsuits.
The cases that have been brought against Merck allege the following:
- The drug manufacturer was aware of Fosamax side effects including the risk of jaw necrosis and bone decay and continued to produce and market the medication.
- Not only did Merck continue to produce, distribute and market Fosamax knowing the risks, but also the company did not provide an adequate warning about the drug.
- By not indicating the risks of Fosamax, Merck hid their knowledge that the drug could put patients at an unreasonable risk.
- Because Merck has not fully acknowledged the risks of Fosamax and continues to market the drug to patients and medical care providers the company is intentionally causing confusion and distributing misinformation.
- That FDA warnings about the dangers of serious side effects of taking Fosamax should have led to additional safety testing but instead Merck focused on attempts to extend their exclusive rights to sell the medication – finding additional uses for Fosamax.
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