Merck's Fosamax next legal battleground?Apr 12, 2006 | UPI In the wake of the recent $15 million Vioxx verdict, plaintiffs' attorneys are already setting their sights on Merck's Fosamax.
That according to a Wall Street Journal report Wednesday, which said that Merck's top-selling osteoporosis drug Fosamax is the second drug made by the embattled company to come into the crosshairs of the medical tort bar. A lawsuit was filed this week in Fort Myers, Fla., the report said, with the plaintiffs seeking class-action status.
According to the WSJ, the suit alleges Fosamax caused a rare disorder called osteonecrosis, in which the patient's jawbone "rots and dies." A similar suit was filed in Tennessee last fall, the report said.
Following the legal strategy used in the widely publicized Vioxx-related cases brought against Merck, the Florida-based Fosamax suit alleges that Merck "heavily marketed" Fosamax as safe despite the risk of the rare side effect.