Posted On: March 13, 2009

Philadelphia Drug Injury Attorney Update - Femur Fractures From Long Term Fosamax Use

Women diagnosed with Osteoporosis in Philadelphia, Pennsylvania and throughout the United States must become aware of dangers of long term Fosamax use. Fosamax is a bisphosphonate drug made by Merck that is used in the treatment of Osteoporosis. The problem is that long term use, four years or more, especially when taken by women who are also on hormone replacement therapy is causing osteonecrosis leading to serious femur fractures.

The Philadelphia product liability and drug injury attorneys at Pomerantz, Perlberger & Lewis LLP are currently bringing suit against Merck for a woman who now is confined to a wheel chair in a nursing home due to a series of femur (thigh bone) fractures that could not be adequately repaired. Once an active “young for her age” vibrant woman, our client now suffers from chronic pain and disability.

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It is believed that long term use of Fosamax causes a loss of blood flow to the bone, leading to death or necrosis of the bone tissue and consequently fractures. This was first discovered in cancer patients undergoing dental procedures who suffered jaw fractures. However there are now numerous cases of femur fractures occurring when there was no accident. In the case of our plaintiff, she was simply standing when her leg collapsed. It is ironic that a drug touted to strengthen bone will weaken one of the thickest and strongest bones in our bodies causing collapse.

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Posted On: March 5, 2009

YOU CAN STILL SUE DRUG COMPANIES

People in Philadelphia and everyone injured by the use of a drug in the Delaware Valley where Pomerantz Perlberger & Lewis LLP practice regularly should know of the decision by the Supreme Court of the United States decided yesterday.

In a 6-3 decision, the Supreme Court rejected the drug industry's attempt in the case of Wyeth v. Levine to limit the rights of plaintiffs to bring products liabilty against drug manufacturers and suppliers. Wyeth wanted the courts to rule that, because the FDA approves a drug and its warning labels, state law was pre-empted (impotent and powerless) to allow claims for injuries suffered by use of the drug. If successful, it would have made it impossible to sue for damages caused by a defective drug or inadequate warnings. The drug industry was optimistic it would win because the Supreme Court had already ruled that FDA approval of a medical device prevented lawsuits claiming injuries from a defectively designed device or the warnings accompanying it (Riegel v. Medtronics).

Laws have gradually moved over the last few decades from a tendency to protect consumers to a protection of big business. Defendants have relentlessly whittled away at the rights given consumers in the '60s and '70s. But now -- surprisingly and most satisfyingly, the Supreme Court has said "NO" to big business! The lawyers at Pomerantz Perlberger & Lewis have had broad experience over decades representing plaintiffs injured by defective products and inadequate warnings. We are happy that the door has not been closed upon you!

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