What are the major legal issues involved in a case when someone has been injured by Paxil?

Paxil Injury Major Issues Drug Toxic Chemicals

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What are the major legal issues involved in a case when someone has been injured by Paxil?

Your case, whether a wrongful death or a personal injury case, will most likely be brought under the theory of product liability – in other words, the manufacturer of the drug put the drug on the market and kept the drug on the market even though it was unreasonably dangerous. GlaxoSmithKline was aware of the serious side effects associated with withdrawal from Paxil; however, they chose to downplay those side effects until the FDA forced them to increase the label warnings in 2001. Furthermore, Paxil was never approved for use in children; nonetheless, GlaxoSmithKline promoted using Paxil for treating depression in children to the doctors who were prescribing it. It now appears that not only does Paxil not have any noticeable effect on depression in children; it increases any suicidal tendencies that the child may have. Whether GlaxoSmithKline realized that the drug acted this way on children or was careless in suggesting that Paxil could be successfully used in children, the fact remains that the company promoted the drug’s use by children knowing full well that this use had not received FDA approval.

Another issue that you and your attorney will deal with is who can be sued. It appears that GlaxoSmithKline was well aware of the difficulty of withdrawing from Paxil while continuing to market the drug as non-habit forming. Furthermore, GlaxoSmithKline knew that the drug had not been approved for use in children and that there appeared to be an increase in suicidal and homicidal tendencies in both children and adults. These problems were not adequately covered by warnings for many years, and GlaxoSmithKline actually marketed the drug in defiance of these issues. Therefore, the primary party to your lawsuit will probably be GlaxoSmithKline, the manufacturer of Paxil.

Another possible party to a lawsuit may be the doctor who prescribed the Paxil. Even if Paxil was being promoted as an antidepressant to be used by children, the FDA had not approved this use, a fact of which doctors should have been aware. If your doctor prescribed your use of Paxil after 2001 and did not adequately warn you about the problems with withdrawal symptoms, you may also have a claim against him or her. In 2001, the FDA required the manufacturer of Paxil to increase the label warnings about withdrawal symptoms, thereby putting your doctor on notice that there might be problems if you needed to stop using the drug.

Other possible plaintiffs may include the pharmaceutical sales representatives who worked with your clinic or the pharmacist who filled the prescription. To sustain a claim against the sales rep, you would need to show that the sales rep either shielded doctors from information about Paxil or provided some type of incentive that was sufficient to persuade doctors to prescribe Paxil in cases where they should not have done so (such as prescribing it for children). This information would probably be available from your doctor or clinic, but it is highly unlikely they would share this information with you. A case may be brought against the pharmacist if he or she did not properly warn you of the side effects of taking or withdrawing from the drug; however, the pharmacist’s defense is going to be that it was the duty of the doctor to determine whether it was appropriate to prescribe the drug in the first place. Therefore, these are not the strongest parties to go after in a lawsuit.

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Paxil Side Effects – Suicide, Birth Defects & Death from Coronary Artery Disease

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Paxil Side Effects – Suicide, Birth Defects & Death from Coronary Artery Disease

Antidepressant drugs have received a lot of scrutiny in recent years because of the large number of life-threatening and serious side effects they produce. Studies have shown that the antidepressant Paxil, manufactured by the pharmaceutical giant GlaxoSmithKline, is more likely to produce deadly side effects than other SSRI (selective serotonin reuptake inhibitor) drugs. See Paxil Information and Warnings for more information about Paxil’s safety.
Suffered harm from Paxil? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
Paxil produces a variety of side effects, all of them serious and several deadly.
Paxil is the only SSRI that carries an FDA warning for birth defects, and Paxil has been particularly linked to heart birth defects. Like other SSRI antidepressants, Paxil has also been linked to abdominal wall and brain birth defects in infants. The most recent side effect discovery concerns yet another form of birth defect. Infants born to mothers taking SSRIs in the last half of pregnancy are 6 times more likely to have persistent pulmonary hypertension (PPHN). Infants with this disorder are unable to get enough oxygen and require intensive care. Usually 10 to 20 percent die soon after birth and some survivors suffer from deafness and neurological problems.
Paxil and other SSRI drugs cause problems to babies whose mothers took the drugs during pregnancy, even if they are born without defects. These newborns often suffer withdrawal symptoms including:
Seizures
Tremors
Jitters
Gastrointestinal problems
Loss of appetite
Sleep disturbance
Additional studies have linked SSRIs with premature births and stillbirths. The long-term effects of fetal exposure to SSRI drugs like Paxil have not been tested and won’t be known for several years.
Paxil has also been linked to increased risk for:
Suicidal thoughts
Suicide attempts
Violent behavior
Aggression
Agitation
Worsening emotional states
Anxiety
Sexual dysfunction
Dizziness
Drowsiness
Gastrointestinal complications
An estimated 50 to 75 percent of patients who stop taking Paxil suffer withdrawal symptoms, which might include (and increase) suicidal thoughts and attempts. Other withdrawal symptoms include:
Electric “zaps” in the brain
Dizziness and vertigo
Nightmares
Sleep disturbance
Crying spells
Tremors
Agitation and irritability
Confusion
Difficulty concentrating and remembering
Changes in gait and coordination
Lethargy and fatigue
Weakness
Nausea and vomiting
High fever
Flu-like symptoms
Diarrhea
Another Paxil side effect has surprised researchers, because at this time it cannot be explained. SSRIs have also been found in a Duke University study to increase the risk of death in patients with coronary artery disease by 55 percent.
Recent studies have revealed another surprise. SSRI use has been linked to loss of bone density and bone in elderly men and women.
If you or a family member have suffered injury for Paxil side effects, you might be able to receive damages. See Paxil Attorney and Lawyer – How to Hire to find an attorney to evaluate your case and your assess your legal options.
Check out the following articles for more information about Paxil, filing a Paxil lawsuit and finding a Paxil attorney.
For more information about Paxil, see Drug Overview: Paxil Side Effects and Claims
To find out more about the FDA warning, see Paxil Side Effects and Risks
For more information about Paxil updates, see Paxil Information and Warnings
If you would like to learn more about Paxil lawsuits, see Paxil Lawsuits, Litigation & Lawyers
To learn more about Paxil attorneys and how to find one, see Hiring a Paxil Attorney and Lawyer
Suffered harm from Paxil? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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Hiring A Paxil Attorney and Lawyer – How to Hire

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Hiring A Paxil Attorney and Lawyer – How to Hire

If you or a family member has suffered injury from one or more of the many Paxil side effects, you may be entitled to receive compensation for those injuries. You will want to have your Paxil lawsuit evaluated as soon as possible, because your state’s law limits the time you have to file this litigation. It is important to get your case to an experienced Paxil attorney before the deadline. Your qualified Paxil lawyer can help you file your case on time and make procedural decisions, such as who to name as defendants and the best and most favorable court to file your Paxil lawsuit.
Suffered harm from Paxil? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
Pharmaceutical litigation is very complicated and specialized and not the kind of litigation that you would want to handle on your own or where you would want to be represented by an inexperienced attorney. You are up against the power and resources of expert and very competent attorneys who regularly represent large pharmaceutical companies. Where the stakes are high, the most prudent course is to consult with an attorney, even to negotiate your case.
Finding a good specialist is not always easy. You might try getting recommendations from friends or attorney you know. If that doesn’t work, a good place to start looking is AttorneyPages.com, where you’ll find listings for drug liability specialists in your area, or post your case to the free Case Evaluation Form. After posting your case, an experienced law firm that handles Paxil and similar cases will contact you for a free case evaluation, without any obligation.
Check out the following articles for more information about Paxil, filing a Paxil lawsuit and finding a Paxil attorney:
For more information about Paxil, see Drug Overview: Paxil Side Effects and Claims
For more information about Paxil side effects, see Paxil Side Effects – Suicide, Birth Defects & Death from Coronary Artery Disease
To find out more about the FDA warning, see Paxil Side Effects and Risks
For more information about Paxil updates, see Paxil Information and Warnings
If you would like to learn more about Paxil lawsuits, see Paxil Lawsuits, Litigation & Lawyers
Suffered harm from Paxil? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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Ortho Evra Lawsuit – Overview/Update

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Ortho Evra Lawsuit – Overview/Update

Individual actions have been filed, and a class action consumer fraud lawsuit is currently being investigated, against Ortho-McNeil Pharmaceutical, Inc., a division of Johnson and Johnson, Inc., by people who have developed serious medical problems as a result of the use of the Ortho Evra Birth Control Patch. These problems include life-threatening blood clots, fatal heart attacks, and pulmonary embolisms.

Suffered harm from Ortho Evra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

A class action lawsuit would combine a large number of Ortho Evra claims brought by separate individuals under one representative lawsuit. The action is brought in the name of a class representative who is selected to represent the interests of all the members who have the same claim against the same defendant. If successful, the court judgment or settlement is distributed among the class members.

Is it worth it to file as a member of a class? There are advantages to an Ortho Evra class action lawsuit over an individual action. It makes sense when a Ortho Evra injury is too small to justify an individual/separate lawsuit. Combining smaller claims into a representative class adds more clout in terms of numbers, which increases the likelihood of recovery and the size of the recovery. Aggregating also conserves resources and lowers the costs of litigation.

The major downside to an Ortho Evra class action is the chance that your damage award or settlement will be somewhat lower than what you would have received had you filed separately. In a class action, you recover only what was provided for in the large class action suit; you cannot later sue for a larger amount. Also, you lose some flexibility when you join a class action suit, since you are bound to the class timetable and the class outcome collectively. In an individual action, your attorney will work up the unique aspects of your case and separate you from the pack. Personalized legal representation is given to your specific injury and circumstances; you are not lumped in with all others having comparable claims. In a class action you are represented by attorneys you may never see or deal with. For more information, read our sections on Filing a Lawsuit and Select an Ortho Evra Lawyer.

Suffered harm from Ortho Evra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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How to Select Ortho Evra Lawyers and Attorneys

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How to Select Ortho Evra Lawyers and Attorneys

Filing an Ortho Evra lawsuit on your own against a billion dollar drug manufacturer, Johnson and Johnson, and others in the chain of distribution, is an overwhelming task, which is why hiring an expereinced attorney is your best investment towards a successful claim. An experienced Ortho Evra lawyer can bring a lot to the table: (1) knows what parties can be sued; (2) knows the value of your claim and if it is worth pursuing in court; (3) is further up the learning curve than you in knowing effective trial tactics and settlement possibilities; (4) will know which court to file in, which judge or jury is more sympathetic, (5) knows the insurance industry, including which companies are less likely to settle claims in a given quarter or year, and which ones are most likely to settle, and (6) levels the playing field against equally skilled defense attorneys who can be extremely intimidating.

Suffered harm from Ortho Evra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

If you act alone, you will put your case at great risk. Even though you are a novice, you will still be held to the same standards and the same deadlines as any attorney. It will take a great deal of research on your part to avoid making procedural errors and to master the nuances of your case with respect to the law. You will need to acquire detailed knowledge of testing and medical procedures. Chances are, your claim will have a better chance of success if you hire an experienced attorney to represent you.

Even if you think the case will be settled before going to trial, you will still need an Ortho Evra attorney for the negotiations. Defense attorneys and adjusters have no particular reason to take your case, or you, as a serious threat. While their negotiators may seem sweet and kind, they will likely get you to unwittingly say things you should not say, things that will hurt your case. An Ortho Evra attorney will discuss the unique aspects of your case with the defense attorneys in order to settle for more money.

When you hire an attorney to handle a pharmaceutical drug case, you generally will not have to pay any money in advance. Your attorney will likely work on a contingency basis, which means he or she takes a certain percentage of the award or settlement. If you lose, the attorney gets nothing. The standard contingency fee will vary from state to state and lawyer to lawyer, but typically ranges from 25% to 40% of the recovery. However, you can negotiate with the injury lawyer for a lower rate.

Suffered harm from Ortho Evra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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Consumer Group Tells FDA That Ortho-Evra Birth Control Patch Is Dangerous

Consumer Group Tells Fda Ortho Evra Birth Patch Is Dangerous Drug Toxic Chemicals

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Consumer Group Tells FDA That Ortho-Evra Birth Control Patch Is Dangerous

The consumer group, Public Citizen, nonprofit consumer advocacy organization, has asked Congress to pull Johnson & Johnson’s birth control patch, Ortho-Evra, off the market because it poses significant health risks to women.
Too much estrogen?

The consumer group says that Johnson & Johnson’s birth control patch, which is worn for three weeks straight, then not worn for a week, delivers 60 percent more estrogen than traditional birth control pills – which significantly increases a woman’s risk of developing blood clots that may result in a heart attack or stroke. It points to studies that show women using the Ortho-Evra patch were twice as likely to develop blood clots.
Although Johnson & Johnson maintains that the patch is safe if used as directed, the following warning appears on the drug’s website (www.orthoevra.com):
Hormones from ORTHO EVRA get into the blood stream and are processed by the body differently than hormones from birth control pills. You will be exposed to about 60% more estrogen if you use ORTHO EVRA than if you use a typical birth control pill containing 35 micrograms of estrogen. In general, increased estrogen may increase the risk of side effects. The risk of venous thromboembolic events (blood clots in the legs and/or the lungs) may be increased with ORTHO EVRA use compared with use of birth control pills.
Studies examined the risk of these serious blood clots in women who used either ORTHO EVRA or birth control pills containing one of two progestins (levonorgestrel or norgestimate) and 30-35 micrograms of estrogen. Results of these studies ranged from an approximate doubling of risk of serious blood clots to no increase in risk in women using ORTHO EVRA compared to women using birth control pills.
Sales of the patch have decreased significantly in the past few years due to damaging studies and the U.S. FDA’s (Food and Drug Administration) enhanced labeling requirement that tell users of the patch’s potential dangers and clarifies that the patch must be used exactly as directed to avoid injury.
If you believe that you’ve been injured due to Ortho-Evra, contact an attorney to discuss your situation. Consultations are strictly confidential, without obligation and free of charge. To contact a qualified attorney whose practice focuses in this area of law, please click here.

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Filing an Ortho Evra Lawsuit and Litigation

Filing Ortho Evra Lawsuit Drug Toxic Chemicals

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Filing an Ortho Evra Lawsuit and Litigation

Finding an attorney experienced in Ortho Evra litigation and other similar pharmaceutical drug litigation is your first major step. An attorney who is well-schooled in drug litigation will know the parties who can be sued. Patients who claimed to have developed blood clots, heart attacks, strokes, pulmonary embolism, or other illnesses after using the Ortho Evra patch will most likely sue Ortho McNeil or Johnson and Johnson, the makers of the patch.

Suffered harm from Ortho Evra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

Other potential entities in the distribution chain are the pharmaceutical sales representatives, the testing laboratories, or the pharmacists who fill the prescriptions. You may also have an Ortho Evra patch lawsuit against your health care physician. If you started using the Ortho Evra patch after November 11, 2005 and were not warned about the possibility of developing blood clots or other serious side effects due to the increased level of estrogen, your doctor may be liable for malpractice. Discuss this issue with an Ortho Evra attorney to see if your doctor shares liability with Ortho McNeil or Johnson and Johnson in your particular case.

Getting into the right court is also a consideration. An experienced injury attorney who handles Ortho Evra litigation knows the right forum, judge, and jury who are most sympathetic to your injury. Your Ortho Evra lawyer knows that cases tried in urban areas typically have higher verdicts than those in rural locations and may take that into consideration when filing your claim.

Ortho Evra lawsuits can be very complex, and there is a time period for taking actions (known as the statute of limitations). The limitations period varies by state and depends on the specific facts of each case. If you do not file within that time, you lose your right to sue and your right to recover any money for your injury.

Suffered harm from Ortho Evra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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MRI Dye/Gadolinium Lawsuits: Attorney Provides Advice To Those Exposed

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MRI Dye/Gadolinium Lawsuits: Attorney Provides Advice To Those Exposed

Gadolinium, the contrast dye used in MRIs (magnetic resonance imaging) and MRAs (magnetic resonance angiography) has been linked to a debilitating disease known as Nephrogenic Systemic Fibrosis (NSF) or Nephrogenic Fibrosing Dermopathy (NFD). We asked Dan Thornburgh, a Florida attorney whose practice focuses in drug and medical device litigation, for advice on what to do when you’ve been exposed to gadolinium.
Florida Attorney Dan Thornburgh
What should someone do if they’ve been exposed to gadolinium? Thornburgh told us:
If they’ve just been exposed but don’t have symptoms, I would advise them to consult with their doctor about any exposure that increases their risk. They should certainly be aware of the symptoms such as tightening of the skin, limited walking, contractures, reflection and tension problems. If someone with renal or kidney problems who was exposed to it starts to develop these symptoms, they should immediately contact their doctor as well as an experienced attorney.
Thornburgh says that the problem in some instances is that individuals may not know that they have renal insufficiency. He explained, “They may think they have a healthy kidney, but then start to develop these symptoms. There are tests that a doctor can do to determine if NSF is the condition causing these symptoms. Their doctor can determine if doing a punch biopsy is warranted to diagnose the condition.”
How an attorney can help
Thornburgh says an attorney can help in three ways. “First, we’ll do everything we can to make this process easy and fair for you and we will aggressively represent you against the manufacturer. The second would be that if you’ve been harmed by a manufacturer who caused your injury and knew or should have known that their product was going to hurt you, then you should let them know that this isn’t allowed and that you’re going to take a stance against a corporation who may have put profits before your safety and your health.”
Finally, an experienced drug litigation attorney will use a variety of experts to find out what caused your condition. Thornburgh’s firm will talk to nephrologists, epidemiologists and other folks that are familiar with the mechanism of action and how gadolinium can cause this condition.
Suffered harm from Gadolinium? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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MRI Dye/Gadolinium Side Effects

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MRI Dye/Gadolinium Side Effects

Gadolinium is a contrast agent used to enhance the images on MRIs and MRAs. While there are several companies that manufacture gadolinium products, all of these products have the potential to lead to Nephrogenic Systemic Fibrosis (NSF) or Nephrogenic Fibrosing Dermopathy (NFD) – a serious and potentially deadly side effect of gadolinium exposure. Dan Thornburgh, a Florida attorney whose practice focuses in drug and medical device litigation, provided more information in a recent interview.
What is gadolinium?
Gadolinium is a contrast agent used to enhance the images on MRIs (magnetic resonance imaging) and MRAs (magnetic resonance angiography), according to Thornburgh. “When a doctor orders an MRI to rule out or rule in certain conditions, they use a type of x-ray machine to enhance images. Gadolinium is a contrast agent used in these procedures to enhance those images. It’s a chemical or toxin that is not found in the human body.”
Who manufactures gadolinium?
There are several manufacturers, according to Thornburgh. “General Electric manufactures Omniscan, Bayer manufactures Magnivist, Tyco manufacturers OptiMark and Bracco manufactures both Multihance and Prohance.”
Potential deadly side effects
Thornburgh told us that gadolinium, when used in patients with certain health conditions such as kidney failure, kidney insufficiency and liver transplant cases, the toxic gadolinium doesn’t move through the body as fast as somebody with normal kidney functions. He explained:
As a result, some people have developed conditions called Nephrogenic Systemic Fibrosis (NSF) or Nephrogenic Fibrosing Dermopathy (NFD). People with underlying kidney or liver disease are at an increased risk of developing this condition which can be life altering and can even result in death.
People with this condition develop sort of a woody hard skin, lesions on their body, dark patches on the body and have burning and itching sensations. The hardening process also causes contractures which can become so serious that individuals have a hard time moving, and in some cases, can’t ambulate at all.
Unfortunately, it doesn’t stop there. The lesions that develop on the skin can also develop in organs of the body and this can lead to organ failure. So some of the cases where we see people dying from the drug or from the condition have been from organ failure because it has moved to organs or due to falls because the contractures are so bad that their ability to move has become so limited that they fall and suffer a head injury.
No cure for NSF/NFD
There is no cure for NSF/NFD, according to Thornburgh. “NSF is a fairly new disease. There are no cures to my knowledge. There are treatments but they are limited and are really done to help alleviate the pain and the suffering that these people are going through.”
400 product liability lawsuits filed
There are approximately 400 product liability lawsuits currently pending against gadolinium manufacturers which allege that these companies knew about the risks, but failed to warn consumers. Thornburg said, “It’s terrible and again, we see the same problem in this drug as we do in all these cases. The companies who manufacture these products have a duty to find out what risks are associated with the product. Yet, they either find out what the risks are and don’t warn consumers about it or they do everything they can not to test for the risks.”
Suffered harm from Gadolinium? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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Fosamax Attorney and Lawyer – How to Hire

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Fosamax Attorney and Lawyer – How to Hire

If you have developed Osteonecrosis of the Jaw (ONJ) after taking Fosamax, you may be entitled to recover damages from the manufacturer, distributor, or physician who prescribed the drug for you. To find out if you have a claim, contact a qualified Fosamax attorney who can evaluate your case as soon as possible. All states set time limits for filing lawsuits, including your state. If you don’t file your Fosamax lawsuit within that time limit (called the statute of limitations), you’ll lose any claim you might have had, no matter how serious an injury you have suffered. If you have a good Fosamax lawsuit, your Fosamax lawyer can tell you which parties you should name as defendants and the jurisdiction where you should file your case.
It’s never a good idea to try and handle this kind of litigation on your own or to be represented by an inexperienced attorney. Large pharmaceutical companies like Merck, the manufacturer of Fosamax, have very experienced defense attorneys who know how to conduct pharmaceutical litigation. This is a very specialized area of law where you want to have a knowledgeable and qualified Fosamax attorney representing you.
Suffered harm from Fosamax? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
So how do you find an attorney who specializes in this area? You can ask friends and business colleagues for references. If those sources don’t produce a referral, a good place to start looking is AttorneyPages.com, where you’ll find listings for drug liability specialists in your area, or post your case to the free Case Evaluation Form. After posting your case, an experienced law firm that handles Fosamax and similar cases will contact you for a free case evaluation, without any cost or obligation.
Check out the following articles for more information about Fosamax, filing a Fosamax lawsuit and finding a Fosamax attorney.
For more information about Fosamax, see Drug Overview: Fosamax Side Effects and Claims
For more information about Fosamax side effects, see Fosamax Side Effects – Osteonecrosis of the Jaw (ONJ)
To find out more about the FDA warning, see Fosamax Side Effects and Risks
For more information about Fosamax updates, see Fosamax Information and Warnings
If you would like to learn more about Fosamax lawsuits, see Fosamax Lawsuits, Litigation & Lawyers
Suffered harm from Fosamax? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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