Seven (7) residents of Texas have filed lawsuit against Merck Pharmaceuticals claiming that the drug, Fosamax, which is used to treat osteoporosis, is defective. The claimants allege that instead of the drug helping with treating thinning bones, it instead, is causing permanent bone decay.
The lawsuit claimants claim that as a result of taking the drug, they developed osteonecrosis of the jaw. "Jaw death," or osteonecrosis of the jaw is a disfiguring and disabling condition in which the jaws of the bone die from infection. Apparently, this condition is not listed on Merck Pharmaceuticals' website for the drug as a possible side effect.
The lawsuit further alleges that Merck Pharmaceuticals marketed the drug without providing the proper warnings. It also claims that Merck Pharmaceuticals went so far as to bribe doctors to prescribe Fosamax despite the known possible dangers.
Legal actions are being brought across the country not only against Merck Pharmaceuticals but also against manufacturers of other similar drugs.
The Plaintiffs in this action have requested a jury trial. They are are claiming damages for pain and suffering, lost wages, mental anguish, medical costs, impairment and disfigurement, and punitive damages.