Fosamax maker sued again in St. Clair County by out of state resident

By Andrea Dearden | May 1, 2013

A St. Louis attorney has filed another lawsuit, this time on behalf of a Pennsylvania woman, against the makers of an osteoporosis medicine for allegedly making exaggerated claims of the drug's benefits.

Claude McIntyre filed a lawsuit April 5 in St. Clair County Circuit Court against Merck Sharp & Dohme Corporation.

According to the complaint, McIntyre was prescribed and sold the drug Fosamax by her doctor in Arkansas with the understanding that it would reduce the loss of bone density and the possibility of bone fractures. However, McIntyre alleges the drug did just the opposite, weakening her bones and increasing the risk of injury. McIntyre claims Merck Sharp & Dohme concealed its knowledge of the risk of long-term use of bisphosphates contained inFosamax, yet continued to make and market the drug.

McIntyre accuses the company of negligence, fraud and breach of warranty. She asks for more than $300,000 in damages, plus court fees, for allegedly making false claims.

Attorney John J. Driscoll of St. Louis represents McIntryre.

St. Clair County Circuit Court Case No. 13-L-185

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