Theres no special difference between Fosamax fracture lawsuits and most other types of civil cases. The plaintiff, with the help of a Fosamax femur fracture lawyer, files a complaint with the court, and serves the defendant with a summons and complaint. The complaint contains all
the claims for damages that the plaintiff believes she is entitled to. These claims are called causes of action or, theories of liability. While we wont go into the specifics of what these mean legally, a new Fosamax lawsuit gives several good examples.
Josephine P. Naccio of Louisiana received a Fosamax prescription from her physician to treat her osteoporosis. She then suffered a femur fracture. Naccio believes Merck hyped the drug for off-label uses and that she would not have taken Fosamax had she known about its long-term effects. She filed a Fosamax femur fracture lawsuit in the U.S. District Court for the Eastern District of Louisiana before District Judge Carl J. Barbier, naming Merck, Watson Pharmaceuticals, and Barr Laboratories as defendants.
Her complaint contains a thorough set of causes of action, including:
- Composition defect
- Design defect
- Inadequate warning
- Breach of express warranty
- Breach of express and implied warranty of fitness for ordinary use
- Redhibition (a Louisiana law claim similar to lemon laws elsewhere)
As always, the plaintiff claims various damagesas many as her Fosamax femur fracture lawyer thinks she can prove:
- Actual damages
- Treble and punitive damages
- Interest
- Court costs
- Attorneys fees
By asserting all these claims, she can increase the amount of damages she is eligible for, and even if a jury doesnt believe she proved one claim she may still receive compensation under another.
The claims one can assert against Merck in a Fosamax femur fracture lawsuit vary by state, but including as many relevant ones as possible can significantly help your case.
