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By Carol McFadden

The motion for class action appeal made by Fosamax plaintiffs was rejected last April 26, 2011 by the osteonecrosis of the jaw (ONJ) Fosamax lawsuit presiding judge, District Judge John F. Keenan of the U.S. District Court for the Southern District of New York.

Fosamax lawsuits set into motion against Fosamax’s manufacturer, Merck, were filed from Florida, Louisiana, and Pennsylvania district courts congruent to the location of the Fosamax plaintiffs in question. The proceeding brought forth by the Fosamax plaintiffs mentioned involves biannual dental exams and consultations for cautionary measures should be paid by Merck. Fosamax plaintiffs’ motion was rejected because none of the complainants experienced osteonecrosis of the jaw or dead jaw which was an essential requirement to acquire class certification by the court.

The conclusion made by the judge was based from various reasons. District Judge John F. Keenan concluded that:

As the evidence presented shows that the risk of ONJ varies depending upon a Fosamax users unique medical history and the circumstances surrounding his or her use, the Court is not satisfied that the need for the proposed monitoring program could be proven on a class-wide basis.

The appeal was also rejected by the ONJ presiding judge due to one case of a Fosamax user among the Fosamax plaintiffs who was proven to have used the drug during the time when Fosamax has not changed its label in 2005 yet. The District Judge John F. Keenan stated in his statement:

[T]he plaintiffs claim cannot be considered typical of a class of plaintiffs that will include patients who took Fosamax after 2005 and will have to similarly prove negligence and failure to warn under significantly different circumstances.
May this Fosamax plaintiff appeal loss serve as a wake-up call to other Fosamax fracture lawsuits vying to strengthen their case against Merck.

If you have suffered any injury caused by Fosamax, such as unusual and sudden low-impact femur fractures, you may want to talk to someone legal and knowledgeable about Fosamax side effects, clarify questions regarding just compensation expected from the damages endured, and guide you to the proper proceedings needed to be done in filing a Fosamax fracture lawsuit. You can consult an adept Fosamax lawyer for free right now and set your Fosamax lawsuit into motion. Fosamax femur fracture lawsuit sites are available if you need more information.

Bruce was an independent landscaper who was often called upon by a larger landscaping contractor to help with big projects. The fact that he was an independent contractor is important because otherwise under New York Law an employee cannot sue his employer because of the workers compensation law.

On one job, the task was to remove a large maple tree on a homeowners property in Westchester. The team began by cutting off the top of the tree.

The remaining part of the tree was going to fall in an area that was zoned off, which was about 60 feet in radius so there would be plenty of room for the tree to land without incident. A rope was thrown around the branch and the workers pulled it tight toward the sectioned off zoned so that the tree would fall in the right direction.

As the tree began to fall, two of Bruces co-workers panicked and began running away leaving Bruce with a slackened rope as the tree began to fall off course. Bruce tried to get the tree under control by pulling on the rope himself but as you can guess, the tree won.

Then there was a domino effect: Bruce got out of the way of the Maple tree, but the Maple tree fell onto an Ash tree which then snapped and struck Bruce causing enormous injuries requiring multiple surgeries.

Bruce sued the landscaping company and recovered a substantial amount, given that the accident was a result of lack of control and safety procedures on the site by the company that hired Bruce. If the workers who gave up on Bruce were his co-workers, the best he could have hoped for was whatever he received from workers compensation, which only provides for reimbursement of wages and payment of medical expenses. There is no recovery for pain and suffering under New York workers compensation State.


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