Out of state plaintiffs sue Merck Sharp & Dohme over Fosomax in St. Clair County

By Andrea Dearden | Feb 20, 2013


The family of a deceased Missouri woman is one of several plaintiffs from multiple states suing the makers of an osteoporosis medication for allegedly making exaggerated claims about the drug's benefits.

Michelle Gordan, on behalf of the estate of Judith Hancock of Missiouri, along with Mary Elizabeth Breen and Helen Abee of North Carolina, January Fern Woodson of Arkansas and Dorothy Carbo of New York, each filed lawsuits against Merck Sharp & Dohme Corporation Jan. 22 in St. Clair County Circuit Court.

Each of the complaints allege the women were prescribed the drug Fosomax by their doctors with the understanding that it would reduce the possibility of bone fractures. However, the women contend the drug fails to protect patients and, instead, increases the risk of injury.

Fosomax manufacturer Merck Sharp & Dohme is accused of negligence, fraud, breach of implied warranty and knowingly putting a defective product on the market. Each of the petitions asks the company to pay more than $50,000 in damages plus court fees for allegedly making false claims.

Attorney John J. Driscoll of St. Louis represents Gordan and the other women. 

St. Clair County Circuit Court Case Nos. 13-L-34, 13-L-36, 13-L-37, 13-L-38 and 13-L-39

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