Fosamax Femur Fracture Lawsuit
A new lawsuit has been filed against a Chicago area plastic surgeon who is the subject matter in a recent national Fosamax femur fracture lawsuit. The plaintiff, identified as Jane Doe, is seeking compensation for pain and suffering and loss of physical functioning caused by Fosamax. In addition to the pain and suffering element of compensation, the plaintiff is also seeking damages for permanent physical disability resulting from the injury as well as lost wages. It has been reported that since Fosamax was prescribed to Jane Doe by her treating doctor she received prescriptions for Fosamax almost continuously from that point forward.
The plaintiff states in her complaint that she was receiving prescriptions for Fosamax approximately 10 years prior to the injury. At that time she was receiving prescriptions for other prescription medications but stopped once she developed a foot condition which required the taking of a wheelchair and various other devices. Subsequently, she began receiving prescriptions for Fosamax again but stopped using it once she began suffering from the foot condition.
Subsequently, Jane Doe developed a back problem which required the wearing of a brace on the right side of her neck. It was noted that since Fosamax was being used to treat her back condition, she began to develop long-term symptoms of weak bones in her arches, hips, lower back, ribs, and buttocks. After a few months of using fosamax she developed a severe and chronic bone fracture of her femur in her lower back, hip, and left side. She further stated that as a result of this severe and chronic bone fracture she will be unable to walk without considerable pain and will also need to use a cane to get around the house.
Jane Doe’s attorney, David Glynn, attempted to argue that fosamax was not inherently defective. Rather, he maintained that it was the use of the drug in conjunction with another prescription drug by the plaintiffs’ doctor that caused the injury. Specifically, Dr. P. showed the jury that when a patient receives a Fosamax prescription at the start of a three-day maintenance plan, the drug is absorbed into the bloodstream rather than being broken down in the digestive system as is the case with a non-prescription statin. Subsequently, Jane Doe took a shower and stepped into a bathtub filled with warm water. While entering the tub, she tripped on a low stool which caused her to fall to the floor and break her femur. As a result, she is now required to wear a cast and brace in order to assist in her mobility.
Plaintiffs’ attorneys, David Giselman and Peter Ginsberg, sought to have the case dismissed on a number of grounds, including lack of evidence of a causal link between the drug and the accident. They also argue that there is no proof that Fosamax causes jaw deterioration or osteonecrosis. The attorneys also maintain that plaintiffs’ case fails to show that Fosamax causes a reduction in growth. Plaintiffs argue that because the manufacturer has acknowledged that Fosamax can cause jaw deterioration, the drug should be regarded as a treatment and not a preventative measure. A district court judge has previously ruled that a cause-and-effect relationship exists between Fosamax and osteonecrosis. The court found that because the manufacturer has acknowledged that Fosamax can cause jaw erosion and loss, it is reasonable for the manufacturer to warn of the possible risks inherent in the use of Fosamax.
Fosamax was approved by the FDA in 1998 and the manufacturer of the drug holds significant stock in the company. A recent study by the National Institute of Arthritis and Musculoskeletal Disease found a connection between Fosamax use and osteoporosis. The studies were based upon using medical records from the nationwide Chronic Disease Information Database, which is maintained by the U.S. Department of Health and Human Services’ Office of Communication and Public Liaison. The study used information on more than 150 patients who had either contacted the database to obtain more information about their condition or to obtain compensation for their condition; the analysis showed that patients who received Fosamax had significantly lower rates of osteoporotic fractures than those who did not receive Fosamax.
A new lawsuit has been filed against a Chicago area plastic surgeon who is the subject matter in a recent national Fosamax femur fracture lawsuit. The plaintiff, identified as Jane Doe, is seeking compensation for pain and suffering and loss of physical functioning caused by Fosamax. In addition to the pain and suffering element of…