Actonel maker sued for more than $1.5 million in St. Clair County; Pennsylvania plaintiff says medicine caused tooth loss

A Pennsylvania man has filed suit in St. Clair County against the makers of a drug commonly used to treat osteoporosis, saying he was forced to have all of his bottom teeth removed after the medication adversely reacted with dental work he had performed.

Robert Chickis claims he had been taking Actonel since December 2004 to treat the osteoporosis he had developed. Five years later, in November 2009, Chickis visited the dentist to have five teeth extracted.

However, following the procedure, Chickis claims he developed osteonecrosis of the jaw and osteomyelitis, which is an infection of either the bone or the bone marrow, the suit states. Because of the complications, Chickis was forced to have his entire bottom row of teeth removed, the complaint says.

Represented by John J. Driscoll of The Driscoll Firm in St. Louis, Chickis filed suit against Warner Chilcott, a U.S. subsidiary of an Irish pharmaceutical company on Dec. 28. Its U.S. headquarters is located in Rockaway, N.J.

Chickis claims he suffered from great pain, permanent disfigurement, speech impairment and other disability.

He seeks a judgment of more than $1.5 million, plus costs, attorney’s fees and other relief the court deems just.

According to the complaint, Chickis says an FDA study conducted in November 2003 revealed 139 cases connected to the medication.

Although the link between the affliction and the medication had been established, Warner Chilcott refused to issue a warning on a product label to caution consumers of the dangerous side effects, the suit states.

As a result, Chickis agreed to take the medication without the knowledge of harm that it could cause, the complaint says.

In his complaint, Chickis alleges strict product liability, intentional infliction of emotional distress, negligent infliction of emotional distress, common law fraud, negligence, negligent misrepresentation and fraudulent misrepresentation against the defendants.

St. Clair County Court case number: 12-L-680.