Fosamax® Litigation Frequently Asked Questions
- What is Fosamax®?
- Are there risks involved in taking Fosamax®?
- How is Fosamax® associated with ONJ?
- What are the risk factors for ONJ?
- How can I tell if I have ONJ?
- What is the proper treatment for ONJ?
- How can ONJ be prevented?
- I had dental work done after taking Fosamax® and I think I may have ONJ. What should I do?
- I understand why I need to see a doctor immediately, but why do I need a lawyer right away?
- What financial compensation can I recover in a pharmaceutical product liability claim?
- What is pharmaceutical product liability?
- How long will it take to settle my Fosamax® claim?
Fosamax® is the brand name for “Alendronate Sodium;” a bisphosphonate medication developed by Merck & Co., Inc. and marketed since 1994 for the treatment of Osteoporosis and other conditions associated with bone loss and the thinning of bones.
Are there risks involved in taking Fosamax®?
Clinical studies suggest a link between taking Fosamax® and a devastating and progressively debilitating condition known as Osteonecrosis of the Jaw (ONJ), or “Dead Jaw;” a rarely occurring condition that affects bone tissue in the jaw, leading to bone death and frequently followed by serious and sometimes life-threatening complications.
How is Fosamax® associated with ONJ?
Studies indicate that Fosamax® can inhibit and restrict blood flow to bone tissue so that minor trauma to the jaw, such as tooth extractions, do not heal properly (and at some point, the jaw bone can actually become exposed). Not only can the resulting complications be very painful, dead bone tissue is not reversible.
What are the risk factors for ONJ?
Those most at risk for developing ONJ appear to include those who:
- Have taken bisphosphonates
- Have taken steroids at or near the same time
- Have a previous history of cancer, osteoporosis, or Paget's disease
- Have undergone invasive dental procedures, including extractions and/or dental implants
The symptoms of ONJ include:
- An irregular sore with exposed bone in either the upper or the lower jaw
- Pain in the infected jaw
- Inflammation and swelling in the infected jaw
- Loosening of teeth
- Evidence of infection, including fever and possible pus discharge
- Numbness, tingling, or other sensation changes
What is the proper treatment for ONJ?
Unfortunately, there is no known cure for ONJ at this time. Long-term antibiotic therapy is often used to combat the infection commonly associated with ONJ, and surgical removal of dead and dying bone tissue has been employed. Some authorities suggest, however, that the surgical progress may exacerbate the condition rather than improve it.
Good dental hygiene appears to limit the risk to some extent. A recent statement released by the American College of Rheumatology recommends that patients be informed that periodontal disease may increase the risk of ONJ in patients taking bisphosphonates. The ACR also recommends that dental examination and treatment should be completed either prior to or as early as possible after beginning bisphosphonate therapy.
I had dental work done after taking Fosamax® and I think I may have ONJ. What should I do?
If you think you may have ONJ, you should schedule an appointment with your physician and with your dentist immediately. Do not delay scheduling the appointments, and if the diagnosis is ONJ, contact a qualified and experienced Fosamax®litigation attorney, as listed on this site, as soon as possible.
I understand why I need to see a doctor immediately, but why do I need a lawyer right away?
Your claim is subject to one of more state or federal Statutes of Limitations. These are laws limiting the time in which a lawsuit must be filed, and they vary from state to state and between state and federal law. If your claim is not already settled, or a lawsuit filed on your behalf within the time frame set by the Statute, you will be barred from any financial or other compensation no matter how serious your injury or how strong your claim.
Any of the qualified and experienced Fosamax® class action law firms listed on this site can make certain that your claim is filed properly, and on time. Please call today.
What financial compensation can I recover in a pharmaceutical product liability claim?
Those injured by unsafe products are ordinarily entitled to recover monetary damages for all losses and expenses suffered from use of the product. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Past and future medical expenses
- Past and future pain and suffering
- Lost wages
- Loss of future earning capacity
- Emotional distress
Additionally, some states provide recovery for “loss of enjoyment of life,” or “diminished capacity to pursue an established course of life.”
What is pharmaceutical product liability?
Product liability is a legal term used to describe a special duty the law imposes on all manufacturers, including pharmaceutical companies. A person injured by some hidden defect in a product while using the product for its intended purposes does not have to prove the manufacturer was negligent in order to receive financial compensation. In fact, even with proof that the manufacturer was not negligent and could not have foreseen the product defect that caused the injury, a legal claim for compensation may still remain valid.
This rule (sometimes called “strict liability” or “absolute liability,”) has more to do with social policy than with purely legal matters. The idea behind it is to avoid placing the risk of catastrophic loss on an individual consumer. The manufacturer can purchase insurance to cover such claims, increasing the price of the manufactured product to cover the cost of insurance. In this way, the risk of catastrophic loss is divided among all purchasers of the product.
How long will it take to settle my Fosamax® claim?
The time it takes to settle any pharmaceutical product liability claim depends on the circumstances surrounding each particular case. Obviously, it would be a mistake to settle any claim before stabilization of the medical condition. It would be a tragic mistake to settle your claim prematurely, as unstable conditions can easily take a turn for the worse. The more complex the case, the longer it may take to settle.
Many cases can take anywhere from 3 to 18 months to settle. However, each case is unique. A qualified Fosamax® litigation lawyer, as listed on this site, can provide you with a personal consultation and answer any questions you may have regarding your specific legal claim. Please call today.