A case alleging failure to warn, strict liability, breach of warranty, and negligence was filed today by Cal Warriner and Brenda Fulmer of Searcy Denney in the state court proceedings before Judge Higbee in New Jersey against Merck, Watson Laboratories, and Teva Pharmaceuticals.

The lawsuit alleges that a 64 year old Lake Worth, Florida resident suffered a severe fracture of her leg requiring surgery and rehabilitation as a result of bone damage caused by Fosamax and alendronate.

There are currently about 30 cases in the consolidated proceedings involving osteoporosis in state court in Atlantic City that are being prepared for trials in 2012 or 2013.  Fosamax, Boniva, alendronate, Actonel, and other drugs in the bisphosphonate class have been taken by millions of post-menopausal women who were promised improved bone health with long-term use of the medications.  Years ago, these drugs were prescribed to virtually all women, even those with osteopenia (which is not the same as osteoporosis), in response to the drug manufacturers’ claims that the drugs had few side effects and would protect women from debilitating bone loss.  Today, however, the evidence is that the drugs are only appropriate for a very small subset of patients, and that use for more than five years may not be beneficial to women.  The reality is that the drugs may actually cause severe damage to a woman’s bones, especially in the jaw as well as the thigh bone.