We mean business
Comprehensive legal services for businesses
in New Jersey and New York

COVID-19 Notice: In order to best serve you, while being mindful of your health and safety, we are available for consultations and conferences via telephone and video. We can arrange for documents to be prepared, reviewed, signed and exchanged electronically. We are ready to assist you with all of your legal needs.

We are open and ready to assist you. Go to our COVID-19 Updates page to see our latest statement on the crisis and a list of recent news and developments during this challenging time.
comprehensive legal services for businesses

Merck sued in New Jersey court over osteoporosis drug

Most businesses make or produce some sort of product or service. When a business sells a product to the public there is the risk that the product could cause injuries to consumers. When this happens, business litigation — specifically a product liability suit — is likely to arise.

A New Jersey court has recently had to delay a product liability suit against Merck & Co. over its sale of the osteoporosis drug Fosamax. Fosamax came onto the market in the United States in 1995. Merck made an estimated $3 billion on the drug per year until 2008 when its patent protection expired. However, Merck has been sued by a variety of former users who claim that over time the drug caused femur fractures and jaw problems.

In the recent New Jersey suit, the first time the case went to trial it resulted in a mistrial and was the first lawsuit over femur fractures. The second trial date had to be pushed back after the plaintiff — a woman who had formerly used Fosamax — suffered from a “serious health complication.”

In the case, the woman claims that Merck knew that the drug could cause bone weakening if used for long periods of time, especially for patients that didn’t already have osteoporosis. Yet, the woman claims, the company still pushed the product. Merck, on the other hand, claims that all warnings about the medication were disclosed. Furthermore, the company argues that the Food and Drug Administration continually approved its use.

In order for a product liability suit, like this one, to be successful, the plaintiff must show that there was some sort of defect in the product that made it unreasonably dangerous. This can be a design defect or a manufacturing defect, among others. Without showing unreasonable danger the company is not likely going to be held liable for damages.

In the cases against Merck, the company has already won five out of the seven jaw cases. A new date for this case has been set for early April.

Source: Bloomberg Businessweek, “Merck’s Fosamax on Trial Again After First Case Halted,” Erik Larson, April 3, 2013

Office Location

Dunn Lambert, LLC
East 80 Route 4 Suite 170
Paramus, NJ 07652

Paramus Law Office Map

Dunn Lambert, LLC
1745 Broadway, 17th Floor
New York, NY 10019
New York Law Office Map

Phone: 201-957-0874
Fax: 201-291-0140

Phone: 201-291-0700
Fax: 212-519-9804
Best Lawyers | Best Law Firms | U.S.News & world report | 2017

GET ANSWERS from a firm
with a sense of business.


Review US
FindLaw Network