The Rottenstein Law Group has learned that the first New Jersey court trials of cases involving femur fractures caused by the drug will happen before further trials of cases involving other harms.
By letter dated June 4, 2012, Superior Court of New Jersey Judge Carol E. Higbee informed lawyers for parties to the consolidated Fosamax litigation before her (Case No. 282) that rather than try another osteonecrosis of the jaw (ONJ) case next, she will “move to the trial of bellwether cases involving femur fractures.” Judge Higbee had intended to assign a second ONJ case for trial to a judge who is now going to be transferred to a different division of the court; no other judge is available to try the ONJ case that was going to come up next. Instead, that case will be “placed on hold,” and “[i]n the interest of advancing the entire Fosamax litigation,” Judge Higbee will be conferring with counsel to select the first femur fracture case(s) to be tried.
In the interest of advancing the entire Fosamax litigation, it is my intent at this time to move to the trial of bellwether cases involving femur fractures. — Judge Higbee
Despite being the most popular osteoporosis treatment medication on the market, Fosamax has been linked to several serious side effects. In 2004, researchers found a causal connection between Fosamax and osteonecrosis of the jaw, a condition where the jawbone dies due to a lack of blood supply. More recently, people have suffered low-impact femur fractures after falling from standing height or less. Evidence is building that taking Fosamax or similar medications for the treatment of osteoporosis causes a dramatic increase in risk of this particular kind of rare fracture to the thigh bone.