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As attorneys that assist persons that were injured by taking the drug Fosomax, we wanted to advise that a verdict in the United States District Court for the Southern District of New York against the manufacturers of Fosomax, Merck & Co.
In September of 2000, Rhoda Sheinberg’s physician prescribed the bone density drug Fosomax to reduce the risk of a fracture. Then 57 years old, Sheinberg took the drug for approximately six years. In October 2006, she underwent a tooth extraction, but the underlying bone did not heal properly and a doctor diagnosed the patient with osteonecrosis of the jaw. She had to undergo debridement of the bone and recovered after about six months.
Sheinberg sued Merck & Co., the manufacturer of Fosomax, alleging that her use of the drug had caused osteonecrosis and that the defendant failed to adequately warn of the danger. The plaintiff contended that the custom label did not adequately warn of the drug’s risks because it removed references to osteonecrosis of the jaw occurring in patients taking the drug and incorrectly stated that Fosomax could prevent fractures in non-osteoporotic bones when this had not been proven.
The plaintiff’s prescribing physician testified that she considered both the benefits and risks of Fosomax from prescribing the drug and that she would not have accepted the risk of osteonecrosis of the jaw had she known that Fosomax was ineffective at preventing fractures for non-osteoporotic patients such as the plaintiff. A jury awarded $285,000.00 for past pain and suffering. The jury’s verdict concluded that Merck had failed to adequately warn of the osteonecrosis risk and that the failure to warn was the approximate cause of the plaintiff’s injuries.
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