The Philadelphia law firm of Anapol Schwartz Weiss Cohan Feldman & Smalley
has filed four lawsuits against Merck in NJ Superior Court, Middlesex
County, New Brunswick NJ against the manufacturer of Fosamax (see:
Stroup v. Merck - L-5869-07; Mahuron v. Merck - L-5863-07; Metcalf v.
Merck - L-5836-07; & Sambrano v. Merck - L-5867-07). Fosamax is one
of a class of drugs called bisphosphonates, which have been found to
cause osteonecrosis of the jaw ("ONJ") or jaw bone death . Osteonecrosis of the jaw is a disabling and
disfiguring jawbone condition that suffers literal death of the jaw or
rotting of the jaw. ONJ is manifested by exposed jaw bone, rotting jaw
bone, jaw bone fractures, gum lesions, severe jaw pain, loose teeth,
and secondary infections.<p>
</p><p>
The allegations include that Merck & Co., Inc. ("Merck"), a New
Jersey corporation, was engaged in the business of testing, developing,
manufacturing, distributing, licensing, labeling, and marketing the
drug Fosamax. The compound used in Fosamax, called alendronate, was
approved by the FDA in 1995 for the treatment of osteoporosis and
Paget's disease. Fosamax is a bisphosphonate drug, with sales peaking
in excess of $3 billion per year. </p><p>
</p><p>
One of the plaintiffs' Fosamax Lawyers
in these cases said that plaintiffs have a strong case. Tracy Finken,
Esq. explains, "Medical articles and studies appeared in the 1990's and
2000's reporting the frequent and common occurrence of osteonecrosis of
the jaw of chemotherapy patients using nitrogenous bisphosphonates.
Based on this information, and based on adverse event reports that
Merck and the FDA received, Merck should have known, with their
heightened knowledge and experience, that bisphosphonates inhibit
vascularization of the jaw bones, leading to the ONJ disease."</p><p>
</p><p>
According to Attorney Finken, "we have already identified thirty more
lawsuits we expect to file." Litigation is nothing new to Merck, as Ms.
Finken points out, "Merck is the same company facing many lawsuits
involving its pain reliever, Vioxx." </p><p>
</p><p>
There is already consolidated litigation in Federal Court --
Multi-District Litigation (MDL-1789) -- in regards to Fosamax. This
means that the Federal Courts have identified so many Fosamax cases
that they have consolidated these cases for the purposes of discovery.
This will allow a team of attorneys (a plaintiffs' steering committee)
appointed by the court to conduct discovery (depositions,
interrogatories, requests for documents, requests for admissions) on
behalf of many plaintiffs. Upon the completion of discovery, the cases
can then proceed individually on their merits.</p><p>
</p><p>
Attorney Finken indicated that "it is likely that there will be similar consolidation of Fosamax lawsuits
in State Court in New Jersey so that plaintiffs suing Merck in New
Jersey will have a common work product produced for the purposes of
discovery."</p><p>
</p><p>
Ms. Finken is a civil trial attorney known for her ability to present
each case in such a way that brings out her clients' unique situation.
In 2002, Ms. Finken was recognized as one of the "40 on the Fast
Track", a listing of the top 40 young attorneys in the State of
Pennsylvania by the Legal Intelligencer. Ms. Finken was also named a
Pennsylvania "Rising Star Super Lawyer" in the December 2005 and 2006
editions of Philadelphia magazine which recognizes the top 2.5 percent
of attorneys 40 years old or younger in the state of Pennsylvania. Ms.
Finken concentrates on class actions, pharmaceutical liability, medical
and other professional malpractice, products liability, and other
complex civil litigation.</p><p>
</p><p>
SOURCE: Anapol Schwartz, Weiss, Cohan, Feldman and Smalley, P.C. CONTACT: Anapol Schwartz, Tracey Finken, 215-735-1130.</p><p>
</p><p>
About Anapol Schwartz P.C. Since 1977 Anapol Schwartz has been of the
nation's preeminent law firms known for landmark verdicts and
settlements and for providing clients with the highest level of
personalized legal services. Eleven of Anapol Schwartz's lawyers have
received jury verdicts in excess of $1 million. The firm focuses on
maintaining its tradition of excellence in personal injury, medical
malpractice, pharmaceutical, toxic tort, class actions, construction
site accidents, products liability, automobile litigation,
security/investment fraud, and employment litigation.</p>