Actions You Need To Consider Before Filing A Fosamax Lawsuit

The public already knew that many people have been suffering from the risks associated

with the medicine called Fosamax even before the Food and Drug Administration issued a post-marketing safety report requiring product labeling for bisphosphonates to reflect the risk of osteonecrosis of the jaw (ONJ). With this, it is only reasonable for people filing for a Fosamax lawsuit. As a popular Fosamax Femur Fractures theory are facing challenges, we have to learn about things we have to consider before we file for a lawsuit.

Consult a trusted doctor. Often, patients are not sure if Fosamax was really the cause of their injuries or if it injured them at all. An experienced physician is the best person to address these issues. She or he will also advise their patients about whether to continue using Fosamax or to switch to an alternative osteoporosis treatment.

Gather records. Success in a Fosamax femur lawsuit requires gathering the best evidence in order to prove that the drug caused actual harm. Patients should gather the following records: medical records; insurance documents including Medicare; a list of expenses; and employment records. The importance of these documents is to prove "economic" losses to the court. Medical records provide documentation of any physical harm suffered from Fosamax intake. Insurance records show payment of treatment. Anything that does not appear in insurance forms, ranging from wheelchairs to costs of hiring a caregiver, can be found on a complete itemized list of expenses. Lastly, lost wage earnings as a result of missed work can be demonstrated before the court through employment records. The lack of these documents can be detrimental in efforts to prove the extent of injuries which could result in patients being denied any compensation.

Keep a journal and any correspondences. Although the records just discussed cover economic losses, it is important to create a body of evidence to help the court decide compensation due to "non-economic" losses in a Fosamax femur lawsuit. Writing in a journal, keeping any letters exchanged to others, and even collecting photographs showing the extent of injuries can convince the court that a patient is entitled to damages for pain and suffering, scarring and disfigurement, and other non-economic losses.

Do not communicate with Merck or any other drug manufacturer. By nature, Fosamax femur lawsuits are adversarial processes. Similarly, so are negotiations in any Fosamax settlements with Merck. Any and all oral or written communications to a potential Fosamax lawsuit opponent can be used against the patient in any legal proceeding. It is in the best interest of the patient to consult a lawyer before signing any documents or communicating with Merck in any way.

These things are important to take into account because this will determine how effective your Fosamax lawsuit case will be.

by: Ronald Redman

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