Fosamax Lawsuit Information
Starting in May, 2006, a series of Fosamax lawsuits have been filed against Merck and the number of these suits appears to be growing. These suits all charge Merck with knowing about Fosamax side effect information when taking the intraveneous version of this bisphosphonate. 15 individual and a Fosamax class action lawsuit have been filed in the courts. Tim O'Brien, a lawyer representing several victims, estimates he will file over 300 cases, each one seeking seven-figure settlements and a trust fund to handle future needs of Osteonecrosis of the Jaw patients harmed by Fosamax. In an interview, O'Brien suggests that Merck will not be able to defend these cases and lawsuits the way they handled Vioxx. In the case of Vioxx, several reasons could be cited for injuries. However, in the case of Fosamax lawsuits, there is no other contributing factor in the development of Fosamax jaw issues except for the medication itself.
While the possibility for a pre-trial settlement is conceivable, with the level of damages requested one can expect Merck to vigorously defend themselves against the accusations made of their Fosamax and Fosamax D product line.
Fosamax Attorney Information
Chances are, you've seen advertisements for tens of lawyers looking to assist you with your lawsuit. If you are choosing a Fosamax lawyer, there is some information you should be aware of:
1. Experience With Drug Cases: You should be sure the attorney you are speaking to understands the nuances of defective drug lawsuits. More specifically, they should have at least one case involving a medication that has caused serious side effects. Osteonecrosis of the Jaw is a very specific disease from a specific cause and your lawyer should have experience in this arena.
2. Lawyer CV: When you speak with the potential attorney, ask for a copy of their CV, or curriculum vitale. This will highlight their professional legal casework and give you a feel for the types of cases this lawyer is familiar with.
3. Prepare Your History: Before you speak with a Fosamax attorney, be sure to prepare a history including- When did you started taking the medication.
- What type of bisphosphonate were you taking and what was the dose (i.e.: Fosamax versus Fosamax D, 70 mg once a week versus 10 mg daily, etc)
- What side effects did you encounter and when. Be sure to mention if the side effects were gradual or sudden. Also, if you suffered a case involving Fosamax ONJ, be sure to stress all factors that led up to your diagnosis of Osteonecrosis.
- 4. Wait to ask for your medical records: Lawyers will often want to request your medical records from your physicians or dentists to ensure they have not been tampered with. Also, if you contact your doctor and are considering placing them into your suit, you do not want to get the records yourself. Leave that work for your lawyer to determine the best plan to acquire information for your Fosamax lawsuit.
- 5. Make a Task List: After you speak with the attorney, chances are they will have some other things they will need you to do ranging from speaking to another doctor for an expert evaluation to speaking with a referred lawyer about your case. In any event, write it down and make sure to complete all your tasks.
As with all legal cases, you should take great care in choosing your Fosamax attorney. In practically all cases, your lawyer will take the fee on a contingency, meaning they will not get paid until the case settles. This usually works well for both the attorney and the plantiff, giving the attorney incentive to move the case forward without expanding the stress you're already under. If your lawyer asks for a fee up front, you may want to reconsider and speak with someone else who can help with your Fosamax lawsuit.