Fosamax Products Liability Cases Take Off

Lawyers USA, one of my favorite legal publications, reported that Fosamax® lawsuits are set to take off in 2009. Fosamax®, manufactured by Merck is used for treatment of osteoporosis.

700 plaintiffs are alleging that Merck failed to warn users of the potential risk of osteonecrosis of the jaw which causes the jaw to deteriorate. The plaintiffs also allege that the FDA upon approval in 1995 requested Merck to perform further testing and place a warning on the package.

Another reported alleged complication of Fosamax® is atrial fibrillation.

Certified Legal Nurse Consultants interested in Fosamax® litigation should research on the Internet both the plaintiff and defense attorneys representing these cases. Fosamax® cases will undoubtedly increase in number, and will create a long-term legal nurse consulting opportunity.

The 30 CLNC® services Certified Legal Nurse Consultants provide are relevant, and here are some examples of how you can apply these 30 CLNC® services to Fosamax® cases.

  1. Assess all relevant prior medical records for causation and risk of osteonecrosis unrelated to Fosamax®. (Example – history of receiving chemotherapy.)
  2. Provide a detailed history regarding the plaintiff’s use of Fosamax®.
  3. Assess and provide a summary of medical records for evidence of osteonecrosis or atrial fibrillation and related injuries and damages.
  4. Research, summarize and create a “library” of all relevant, peer-reviewed articles on Fosamax® and its relationship to osteonecrosis and atrial fibrillation. Educate the attorney about the mechanism of Fosamax®. Avoid nonauthoritative Internet services.
  5. If working with an attorney who represents numerous plaintiffs, identify the percentage of plaintiffs who have osteonecrosis, atrial fibrillation or both osteonecrosis and atrial fibrillation.
  6. Develop a plaintiff interview form focused on Fosamax® to interview plaintiffs quickly and consistently.
  7. Locating medical experts, i.e., pharmacologists and dental surgeons who are qualified to testify to alleged defect and causation issues. Communicate with experts on behalf of your attorney-client.
  8. Analyze and summarize all medical expert testimony for accuracy, and both favorable and unfavorable opinions.

Fosamax® cases will be a hot topic for years to come. This is the time to jump in and be part of this very interesting litigation. Incorporate these eight specific services when you market your legal nurse consulting business, and attorneys handling Fosamax® cases will instantly see how you can save them time and money.

Success Is Inside!

5 replies
  1. Claire Duffy, RN, CLNC says:

    Hi Vickie , I love your new blog ! As a “newbie” I need your guidance. How do I research and find attorneys that are representing Fosamax patients? I’m in Jacksonville, Florida. Do I just market to attorneys in town? What do I say to them?
    Thanks!

    Reply
  2. Vickie L. Milazzo, RN, MSN, JD says:

    Dear Claire,

    Researching Fosamax attorneys is easy. The fastest way is to do a search in Yahoo! or Google. You’ll need to be very specific with your keywords – simply searching for “Fosamax attorneys Jacksonville” will get you many pages of advertisements from attorneys all over the US (ignore the spam sites which are easy to spot) and not just local results. You could try refining your keywords and use quotation marks to get an exact phrase search for some terms. I’d also look at the attorneys who are advertising and contact them offering your CLNC® services.

    For the attorney interview, stress the eight specific services discussed in the posting that you can provide as a Certified Legal Nurse Consultant.

    Reply
  3. Joanne Clarkson, RN, MLIS, CLNC says:

    Thanks for this post! Last spring I had a hospice patient who died of cancer to the jaw. This is a slow, terrible way to die with so many “body image” issues. She told me a specialist told her her she believed the cancer was due to Fosamax. She said that her mission before she died was to tell every woman she knew not to take that terrible drug. Since I started my CLNC® business this fall, I have had Fosamax in the back of my mind. I am definitely going to pursue this!

    Reply
  4. Bonnie Franciosi, RN, CNOR, CLNC says:

    How does the process for the Fosamax cases work? Will there be many, seperate plaintiff attorneys in many geographical areas filing seperate suits? Or will there be a central, main group of attorneys handling all of the cases with these cases being referred to them? I am interested in this area or work.

    Thanks for your help.

    Reply
  5. Vickie L. Milazzo, RN, MSN, JD says:

    Dear Bonnie,

    We will probably see both ­- law firms who represent small groups of plaintiffs and law firms who represent large groups of plaintiffs. There will probably be one large law firm representing the defendant manufacturer. Search for attorneys who handle Fosamax cases on the Internet. Great success to you.

    Reply

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