By: Brandon Bogle

October 10th 2012  8:00am

Women and men who have suffered atypical femur fractures as a result of their use of Fosamax will soon begin to have their cases heard by juries in two different courts.  Litigation concerning these horrific injuries is currently pending in several jurisdictions around the country.

Ever-growing scientific data has shown that Fosamax, an oral bisphosphonate drug used for the treatment and/or prevention of osteoporosis, can cause atypical fractures of the subtrochanteric and shaft regions of the femur.  The tragic irony that a drug prescribed to prevent fractures actually causes them is impossible to ignore.

For months, plaintiffs’ firms around the country have been pouring through millions of pages of documents produced by Merck, the manufacturer of Fosamax, during the discovery phase of this litigation.  In the past several months, depositions have been taken of high-ranking Merck employees concerning issues relevant to the litigation.  In these depositions, Merck’s senior employees have been forced to justify both their actions and inaction related to this fracture epidemic.

These depositions and other key pre-trial discovery work is being performed in preparation for two trials already set to determine Merck’s liability for atypical femur fractures suffered by patients who took Fosamax for extended periods of time.  The first trial is currently set to begin in March of 2013 in Superior Court in Atlantic County, New Jersey.  A second trial is also set to begin in April of 2013 in the United States District Court for the District of New Jersey.

For the thousands of people who have suffered these fractures, the trials won’t come soon enough.  But, the injured victims can be optimistic that justice may yet be served in two New Jersey courthouses in 2013.

More information on the Fosamax Lawsuit.

Brandon L. Bogle is an associate at the law firm of Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, who focuses his practice on Mass Tort Litigation.

Farron Cousins is the executive editor of The Trial Lawyer magazine and a contributing writer at He is the co-host / guest host for Ring of Fire Radio. His writings have appeared on Alternet, Truthout, and The Huffington Post. Farron received his bachelor's degree in Political Science from the University of West Florida in 2005 and became a member of American MENSA in 2009. Follow him on Twitter @farronbalanced