Andre Mura and Karen Barth Menzies file Amicus Brief in Fosamax U.S. Supreme Court Case

Representing physicians with expertise in osteology, GLG partners Karen Barth Menzies and Andre Mura have filed a friend-of-the-court brief urging the U.S. Supreme Court to allow persons injured by the osteoporosis drug Fosamax to proceed to trial against drug manufacturer Merck Sharp & Dohme Corp.

The lawsuits allege that Merck failed to warn patients and doctors that long-term use of Fosamax may cause atypical bone fractures. Merck has responded that it sought to provide such a warning in 2008, when it proposed to warn of stress fractures, but the FDA rejected its proposal.

Merck’s “legal argument,” according to Dr. Lane and Dr. Vigorita, “misconceives medical science.”

They go on to say:

“Stress fractures are radiographically and symptomatically different from atypical femur fractures associated with long-term use of Fosamax. The particular language [Merck] proposed . . . to warn of ‘stress fractures’—an incomplete fracture that generally presents in non-bisphosphonate patients and typically heals on its own—cannot reasonably be read to warn of atypical femur fractures—a complete break in the bone that is associated with long-term use of Fosamax, and that requires surgery.”

Drug and device litigation is an important part of Gibbs Law Group’s practice, and we are proud to represent these renowned doctors before the U.S. Supreme Court on issues that could impact the legal rights of our clients.

About Karen Barth Menzies

Karen focuses her practice on representing individuals who were injured through the use of defective drugs and medical devices, and is a member of our mass tort litigation practice. She serves in leadership positions in some of the largest pharmaceutical mass tort cases and she has been particularly focused on women’s health issues. Karen represents breast cancer survivors who allege that the use of Taxotere during chemotherapy treatment resulted in permanent, disfiguring hair loss. Karen has previously testified before FDA advisory boards as well as the California State Legislature on the safety concerns regarding the SSRI antidepressants and manufacturer misconduct.

About Andre Mura

Andre focuses his practice on consumers’ and workers’ rights, products liability, drug and medical devices, federal jurisdiction, and constitutional law. During his tenure as senior litigation counsel at the Center for Constitutional Litigation, he authored briefs filed before the U.S. Supreme Court and represented plaintiffs in appeals before the Ninth Circuit and state Supreme Courts. Together with Gibbs Law Group partner David Stein, Andre co-authors Consumer Law Watch, a blog monitoring, exploring, and analyzing the importance of consumer trends in class action nationwide.