[Kde-i18n-vi] John Brewington - Four Lawsuits Filed against Merck for Osteoporosis Drug, Fosamax

[paul.kholer paul.kholer]

 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.

 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.

 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."

 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."

 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.

 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."

 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.

 SOURCE: Anapol Schwartz, Weiss, Cohan, Feldman and Smalley, P.C. CONTACT:
Anapol Schwartz, Tracey Finken, 215-735-1130.

 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.
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