Fosamax Brief Could Change The Legal Landscape For Generic Drug Litigation
By Bill Cash September 17th, 2012 9:25am Last week, on behalf of several patients injured by generic versions of the drug Fosamax, Levin Papantonio lawyers Brandon Bogle and Bill Cash filed a brief arguing that generic drug companies should be responsible for the damage caused by their drugs. The issue is currently pending before the United States Court of Appeals at Philadelphia, and that court will soon decide whether the patients have the right to bring a case. The case is called Welch v. Merck Sharp & Dohme Corp. Fosamax, a drug in the bisphosphonate class of drugs, is designed to reverse the effects of osteoporosis and build healthier bone in the human body. But the drug has been associated with potentially crippling side effects stemming from the way the drug works. In some patients, the drug actually leads to the formation of more dense, brittle bone that leaves patients vulnerable to damage and injury. Some patients have developed a disabling disease known as “osteonecrosis of the jaw,” in which the jaw essentially rots away and has to be surgically removed and replaced with metal. Other patients have developed what have been termed “atypical femur fractures” after long-term use of the drug. Generic versions of Fosamax came onto the market in 2008. Last year, the Supreme Court held that federal law required the generic drug companies to use the...
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