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A lawsuit filed in a Florida federal court is claiming that Merck, the maker of Fosamax, was negligent in promoting its popular osteoporosis drug.
According to the complaint, Merck knew that Fosamax was defective but continuously concealed its potentially dangerous side effects, specifically osteonecrosis of the jaw (ONJ) - a rare and painful disease that leads to the decay of bone in the jaw.
The lawsuit cites medical research that has shown a connection between bisphosphonate drugs, the class of drugs to which Fosamax belongs, and ONJ. The claim also accuses Merck of failing to comply with the Food and Drug Administration’s August 2004 request to add a warning label to the drug.
Last month, the American Association of Endodontists issued a statement recommending dental surgeons to check if their patients are taking Fosamax or other bisphosphonates and consider those who are to be at an increased risk for ONJ.
Fosamax is Merck’s second best-selling drug with annual revenue of more than $3 billion.
The lawsuit is seeking class action status.
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