US Recall News

United States Recall News Alerts for Recalled Drugs, Food, Products, & Vehicles

MENUMENU
  • Home
  • About
    • Advertise
  • Full Recall News Archive
    • Top Story

      J&J Settles Talc Mesothelioma Settlement

      By Sandra Dalton, Staff Writer On January 6, 2020, Superior Court Judge Stephen Kaus announced that Johnson & Johnsons (J&J) had agreed to … [Read More...]

      Fuentes Farms, LLC Recalls Product Because of Possible Health Risk

      Summary Company Announcement Date: June 13, 2025 FDA Publish Date: June … [Read More...]

    • More Safety Articles
    • Federal Preemption of State Product Liability Law
  • Drug Recalls
    • Abilify
    • Benicar
    • Fluoroquinolones
    • Invokana
    • Lipitor
    • Nuplazid
    • Opioids
    • OxyContin
    • Pradaxa
    • Proton Pump Inhibitors (PPIs)
    • Risperdal
    • SSRI
    • Symptoms & Side Effects
    • Taxotere
    • Testosterone
    • Uloric
    • Valsartan
    • Xarelto
    • Zofran
  • Medical Devices
    • 3M Earplug
    • 3T Heater-Cooler System
    • Bair Hugger
    • Bipolar Hip System
    • Essure
    • Hip Replacements
    • Implanon
    • IVC Filters
    • Hernia Mesh
    • Power Morcellators
    • Shoulder Implants
    • Transvaginal Mesh
  • Food Recalls
    • FDA Press Releases
    • USDA Press Releases
  • Auto Recalls
    • Air Bags
    • Ignitions
    • NHTSA Press Releases
    • Off-Road Utility Vehicles
    • Snowmobiles
    • Tires
  • Other Products
    • Asbestos
    • Baby Products
    • Pet Products
    • Roundup
    • Talcum Powder
    • Toy Recalls
You are here: Home / Drug Recalls / Appeals Court Revives Hundreds of Fosamax Fracture Lawsuits

Appeals Court Revives Hundreds of Fosamax Fracture Lawsuits

March 25, 2017 By US Recall News Leave a Comment

On March 22, 2017, the Third Circuit Court of Appeals in Philadelphia ruled that hundreds of previously dismissed claims against Merck & Co., Inc., can proceed to trial. The appeals court decision reverses a ruling by a lower court that found that the claims were pre-empted by federal law. The plaintiffs are accusing Merck of failing to warn of femur fracture risks when taking Fosamax (alendronate).

Fosamax

Fosamax hit the market in 1995. It is primarily prescribed to postmenopausal women. Fosamax uses include:

  • Treat or prevent osteoporosis caused by menopause
  • Treat osteoporosis caused by steroid use
  • Treat Paget’s disease of the bone
  • Increase bone mass in men with osteoporosis

Fosamax can have serious side effects including:

  • Femur fracture, more common with long-term use
  • Osteonecrosis of the jaw, also called “dead jaw syndrome”
  • Esophagus problems including irritation, bleeding ulcers, esophageal erosion and perforation
  • Hypocalcemia – low blood calcium
  • Musculoskeletal pain

Failure to Warn

In the lawsuits restored by the ruling, plaintiffs claimed that they suffered atypical femur fractures as a result of long-term Fosamax use, and that Merck knew about the risk for more than 10 years before adding it to the warning label.

The warning label was changed in 2011. The lower court dismissed cases of all plaintiffs who were injured before September 14, 2010, because the judge believed that there was “clear evidence” that the FDA would not have approved the warning that plaintiffs say the drug should have carried, and that would pre-empt the claims. Circuit Judge Julio Fuentes of the appeals court disagreed, saying that he found evidence that could lead a jury to conclude that the FDA would possibly have approved it and that some doctors would not have prescribed Fosamax if warned of the fracture risk.

If you have been harmed by Fosamax, please talk to an experienced defective drug attorney right away to learn more about your rights and potential compensation.

 

Share this:

  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on X (Opens in new window) X
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print

Related

Filed Under: Drug Recalls, Fosamax

About US Recall News

US Recall News provides recall news and information to the United States general public. Find all of the latest drug, food, products, and vehicle recall news as reported by U.S. government agencies and more.

Leave a ReplyCancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Facebook
Thomas Roney LLC
Economic Consulting

J&J Settles Talc Mesothelioma Settlement

January 15, 2020 By Advice Media

Fuentes Farms, LLC Recalls Product Because of Possible Health Risk

June 13, 2025 By The FDA

Turkana Food Inc. Recall Flora Dried Apricots with Undeclared Sulfites on Product Labeling Because of Possible Health Risk

June 12, 2025 By The FDA

Vita-Warehouse Corp. Issues Allergy Alert on Undeclared Peanut Allergen in ALDI Welby®, Berkley Jensen®, and VitaGlobe™ Vitamin B12 Gummy Products

June 12, 2025 By The FDA

Hero Highlight

J&J Settles Talc Mesothelioma Settlement

January 15, 2020 By Advice Media

More than One Million Anker Power Banks Recalled Due to Fire and Burn Hazards; Manufactured by Anker Innovations

June 11, 2025 By The CPSC

Mammut Sports Group Recalls Skywalker Pro Via Ferrata Sets Due to Risk of Serious Injury or Death from Fall Hazard

June 11, 2025 By The CPSC

Endless Pools Recalls Manual Retractable Pool Covers Due to Drowning and Entrapment Hazards; Risk of Serious Injury and Death

June 11, 2025 By The CPSC

TTI Outdoor Power Equipment Recalls RYOBI 40-Volt 24-Inch Cordless Hedge Trimmers Due to Laceration Hazard

June 11, 2025 By The CPSC

Medtronic Announces Voluntary Recall of Select Newport™ HT70 and Newport™ HT70 Plus Ventilators and Certain Related Newport™ Service Parts

June 11, 2025 By The FDA

J&J Settles Talc Mesothelioma Settlement

January 15, 2020 By Advice Media

TTI Outdoor Power Equipment Recalls RYOBI 40-Volt 24-Inch Cordless Hedge Trimmers Due to Laceration Hazard

June 11, 2025 By The CPSC

Medtronic Announces Voluntary Recall of Select Newport™ HT70 and Newport™ HT70 Plus Ventilators and Certain Related Newport™ Service Parts

June 11, 2025 By The FDA

Hofood99 Inc Recalls Enoki Mushroom Due to Possible Health Risk

June 11, 2025 By The FDA

Recall News in Your Inbox

Enter your email address to receive automated recall news updates.

Recent Comments

  • Roger McGowan on ABH NATURE’S PRODUCTS, INC, ABH PHARMA, INC., and STOCKNUTRA.COM, INC. Issues Nationwide Recall of All Lots of Dietary Supplement Products
  • Kathryn Moore on FDA Wants Cancer Warning on Breast Implants
  • BRAD on Huge ATV Recall by Polaris – Sportsman and Scrambler
  • Crystal Anderson on Allergan Voluntarily Recalls BIOCELL® Textured Breast Implants and Tissue Expanders
  • Outsourcing Training on The Modern Marketing of Pain
  • SANDRA Collett on Processed Food Preservative Linked to Autism?
  • Eric Karsh on Health Risks of Roundup Go Well Beyond Cancer

Recent Posts

  • Fuentes Farms, LLC Recalls Product Because of Possible Health Risk
  • Turkana Food Inc. Recall Flora Dried Apricots with Undeclared Sulfites on Product Labeling Because of Possible Health Risk
  • Vita-Warehouse Corp. Issues Allergy Alert on Undeclared Peanut Allergen in ALDI Welby®, Berkley Jensen®, and VitaGlobe™ Vitamin B12 Gummy Products
  • Bugaboo North America Recalls Giraffe High Chairs Due to Risk of Serious Injury or Death from Fall Hazard
  • Agro Superior Group Recalls Oliver & Smith Mattresses Due to Risk of Serious Injury or Death from Fire Hazard; Violation of Federal Standard for Mattress Flammability
  • More than One Million Anker Power Banks Recalled Due to Fire and Burn Hazards; Manufactured by Anker Innovations
  • Mammut Sports Group Recalls Skywalker Pro Via Ferrata Sets Due to Risk of Serious Injury or Death from Fall Hazard
  • Endless Pools Recalls Manual Retractable Pool Covers Due to Drowning and Entrapment Hazards; Risk of Serious Injury and Death
  • TTI Outdoor Power Equipment Recalls RYOBI 40-Volt 24-Inch Cordless Hedge Trimmers Due to Laceration Hazard
-- See More Recall News

Disclaimer: The information contained in these topics is not intended nor implied to be a substitute for professional medical or legal advice, it is provided for educational purposes only. Always seek the advice of your physician or other qualified healthcare provider about any questions you may have regarding a medical condition. Nothing contained in these topics is intended to be used for medical diagnosis or treatment.


ATTORNEY ADVERTISING. The information provided on this website is not legal advice. No attorney-client relationship is formed by the use of this site. It is not stated or implied that a lawyer is certified as a specialist in any particular field of law. No results are guaranteed, and prior results do not guarantee a similar outcome. This site is informational, only, not dispositive; it is up to you to decide whether a particular lawyer is right for you. Use of this site is subject to your agreement to these.


Copyright © 2025 Altrumedia · Terms of Service · Log in