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Medical Malpractice Law & Strategy

February 2007

Drug Companies and Failure to Warn

The Case Against Fosamax

Part One of a Two-Part Article

By Tim O’Brien

For more than one year, product liability cases have been pending against Merck’s osteoporosis drug, Fosamax®. Despite having one of the highest side effect profiles of any drug in the U.S. prescription database, Fosamax remains on the market, and available by prescription. When a drug remains on the market during litigation but the manufacturer refuses to warn about a known risk, places the information about the risk in an obscure location or provides inadequate information about the severity of the risk, there is a public problem — for both patients and prescribers alike — in the form of a health hazard about which most prescribers have insufficient information.

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