Generic Fosamax Lawsuit Filed Over Femur Fracture

  • Written by: Staff Writers

A Massachusetts woman has filed a Fosamax fracture lawsuit against Merck and a generic drug maker, alleging that the osteoporosis drug caused her to suffer a broken thigh bone. 

The complaint was filed by Elayne Denker against Merck & Co. and Cobalt Laboratories, Inc. on January 4 in the U.S. District Court for the District of New Jersey. Denker alleges that she took Fosamax and a generic equivalent made by Cobalt from 2003 through 2010, resulting in a low-trauma femur fracture from Fosamax in March 2010.

Fosamax (alendronate sodium) is a member of a class of drugs known as bisphosphonates, which have been increasingly associated with low-impact or no-impact femur fractures.

In October, the FDA issued an alert to warn doctors and consumers about a potential link between Fosamax and femur fractures, requiring new information to be added to the warning label for Fosamax and other similar medications.

Denker’s generic Fosamax lawsuit claims that she started taking the name brand medication to prevent osteoporosis in September 2003, and then switched to a generic made by Cobalt in October 2008. She continued to take the drug until February 2010. In the summer of 2009 she indicates that she began experiencing unexplained thigh pain and began having problems performing activities she had always enjoyed without difficulty, including speed walking and gardening. Doctors were unable to find a cause for the pain, despite a number of examinations.

In March 2010, Denker fell and broke her thigh bone, the strongest bone in the human body. She was hospitalized for five days and had a titanium rod inserted in her broken femur. She required physical therapy and rehabilitation as a result of her injuries. The lawsuit claims she suffered permanent disfiguration, scarring, loss of the ability to live independently. Her hobbies of speed walking and gardening have become impossible, the lawsuit claims.

According to allegations raised in the lawsuit, Merck and Cobalt knew or should have known about the Fosamax femur fracture side effects, and the companies failed to warn doctors and patients about the potential health risks.

Recent updates to the warning label for Fosamax and generic equivalents now warn doctors about the potential Fosamax femur fracture risk, recommending that doctors discuss the potential problems with patients and instruct them to seek immediate medical attention if they experience new groin pain or thigh pain, which can occur weeks or months before a complete fracture of the femur on Fosamax occurs.

The lawsuit is one of a growing number of Fosamax femur fracture lawsuits that have been filed against Merck. The drug maker also faces more than 1,000 suits that have been filed in state and federal courts throughout the country over claims that Fosamax causes jaw problems known as osteonecrosis of the jaw (ONJ).

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  1. Edna Reply

    I started taking Fosamax sometime before 2001 because I was diagnosed with borderline osteopenia. My doctor switched me in 2008 when the generic became available. There was no doubt in my mind that the drug had been approved and was absolutely safe. I certainly would NEVER have agreed to take it for what was a mild deterioration of bone. Now I have terrible brittle bones causing a femur fracture on Dec, 7, 2012 resulting in surgery to put in a titanium rod. I keep being told we cannot litigate against generic manufacturers and I ask why? Had they put rat poisoning into the pill would that be o.k. as well. Hundreds of us had been taking what turned out to be poison for our bones and the Supreme Court says that is o.k. How can that be allowed with all the protective layers we are supposed to have in place in America to make sure our medication is safe?

  2. Donna Reply

    I also was on the generic Fosamax alendronate sodium my doctor switch me from Boniva my insurance needed preauthorization form and for what reason my ra doctor put me on the generic Fosamax. I snapped my femur bone in feb 2013 after three years of beening on generic foaamax. Even before I broke my femur bone I was in horriable body pain’ voimiting. heartburn I had to have a morphin pump pit in my stomach before I broke my femur bone in half needing a rod put in my leg.I have lost my abilty to walk without my walker constant pain. I cant sit stand lay for more than a hour. My life has been taking away Forget sleeping the pain is unbearable. Two days ago I trip and broke my thumb carring my eight pound dog. I have no balance.I had a attorney but because I was on the genertic foasmax he said he cant suemake the manufactures ,who made the genertic OF FOASMAX US SUPREME COURT ELIMINATED LIABILITY FOR GENERIC MANUFACTURES PLIVA V MENSING.Even know the same drug that is in foasmax has destroyed peoples lives the money they have made these generic companies have made and are making.I don’t understand the manufactures of the drug are paying.The genertic companies are laughing all the way to the bank.US SUPREME COURT aren’t looking at the lives the victims that have taking this drug.Because we took the genertic of foasmax we cant do anything but suffer everyday for the rest of our lives.This drug has destroy ny bones brittle bones I had ra .I was put on this killer drug for postmenstual and steroid predisone I am now 56 years old it has been two years since I broke my femur bone.E veryday is a challenge not to fell to not suffer every minute of the day.RA ididnt do this to my life I don’t have any damanage to my bones from ra.How many lives will be destroy before the genertic drug companies will have to pay for the lives they had destroyed.Donna Pezzimenti

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