Doug / 05-06-2011 / Defective products

Fosamax Manufacturers Sued for Drug’s Over Promotion of Off-Label Uses

According to the Louisiana Record, a Lafourche Parish woman has filed a personal injury lawsuit against the manufacturers of the drug Fosamax regarding over-promotion for alleged off-label uses. Off-label is a term used for medications that are used for non-approved use.

Josephine Naccio filed a lawsuit against Merck Sharp & Dohme Corp aka Merck, Watson Pharmaceuticals Inc and Barr Laboratories Inc in federal court in New Orleans.

Naccio claims she was prescribes Fosamax by a doctor for long-term use for the treatment of osteoporosis. As a result of use, she suffered an unexplained femur fracture. Naccio claims she would not have taken the drug has she known of the risks associated with long-term use.

Fosamax or Alendronate is used to prevent osteoporosis, a condition in which the bones become thin and weak, and break easily in women who have undergone menopause. Osteoporosis can also occur in men. Fosamax is used to treat men and women who are taking corticosteroids, a type of medication that is known to cause osteoporosis.

Fosamax has several side effects such as nausea and stomach pains. However, it is also associated with an increased risk of breaking a thigh bone. Patients taking the drug may experience pain in hips, groin or thighs weeks or months before the bones break even without any falls or trauma.

The plaintiff is accusing the companies of concealing the dangerous risks of femur fractures and failing to conduct post-marketing surveillance of the drug’s effects. The plaintiff’s causes of action against the defendant include composition defect, design defect, inadequate warning, breach of express warranty, redhibition and breach of express and implied warranty of fitness for ordinary use.

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