Merck & Company’s Fosamax, a drug used to treat chemotherapy for metastatic cancers such as bone and breast cancers and non-cancerous conditions such as Osteoporosis, has been linked to ONJ, or Osteonecrosis of the Jaw, Paget’s Disease and a host of other side effects. As the pharmaceutical giant defends numerous lawsuits from patients who have been injured by the drug, we asked an experienced drug litigation attorney to provide us with a closer look on what damages are available, what types of experts are used in these types of cases and when someone should contact an attorney for help.

Product liability damages

We asked Dan Thornburgh, a Florida attorney whose practice focuses in pharmaceutical and medical device litigation, what types of damages are available in these product liability cases. Here’s what he told us:

Damages may include past pain and suffering and future pain and suffering – because once these conditions are diagnosed, you’ll continue to suffer. They may also include any out of pocket expenses – which are compensatory damages.

Punitive damages may also be available. If we are able to prove that these companies acted in a willful and wanton disregard for the safety of these individuals, a jury may award punitive damages, which are to deter future manufacturers or defendants from this conduct and to punish the tortfeaser for participating in this conduct which has injured so many people.

Types of experts needed

Thornburgh says that the types of experts needed in a case depend on which Fosamax-related illness a plaintiff has. He explained, “If the plaintiff has osteonecrosis of the jaw, we would find an expert familiar with the disease like a dentist or oral and maxillofacial surgeon. For long-bone fracture cases, we would have an orthopedic doctor or surgeon. If esophageal cancer, we find an oncologist. In all cases, we would have an epidemiologist. There may be other experts as well.”

Why contact an attorney?

We asked Thornburgh why someone should contact an experienced products liability attorney who focuses in pharmaceutical litigation. Here’s what he told us:

An attorney whose practice focuses in the area of pharmaceutical litigation has experience to litigate these complex cases. We’re talking about litigation involving very complex theories of law. There could be 20 or more witnesses at the trial, so you need to find someone who has resources, is able to understand the science, find experts and litigate the complex product liability issues that are presented in this kind of case.

For those people who are on the fence about taking that next step, Thornburgh advises two things. “The first would be that we’ll do everything we can to make this process easy and fair for you and we will aggressively represent you against the manufacturer. The second would be that if you’ve been harmed by a manufacturer who caused your injury and knew or should have known that their product was going to hurt you, then you should let them know that this isn’t allowed and that you’re going to take a stance against a corporation who put profits before your safety and your health.”

Thornburgh says that pharmaceutical litigation attorneys generally work on a contingency fee basis which means that they’ll take a percentage of the award or settlement, but only in the event they’re successful. So if they’re unsuccessful, they assume the loss and the client or individual does not have to pay anything.

To speak with an attorney involved in the Fosamax litigation, click here.