Fosamax Class Action Lawsuit Against Teva

A recent lawsuit in a U.S. District Court in Virginia has uncovered shocking data that could potentially impact millions of Americans who take Fosamax drugs. The plaintiff’s lawyers discovered this information by digging into the internal documents of one pharmaceutical company’s pharmaceutical operations.

The internal documentation revealed that, contrary to earlier estimates, the Fosamax Class Action lawsuit was “dormant,” with no current active cases and only four ongoing. The plaintiffs’ lawyer, Robert Haddad, is seeking to have the courts require Teva, the manufacturer of Fosamax, to come into full compliance with the scheduling regulations set forth by the FDA (Referred to as the “FDA Rule”).

Fosamax Class Action Lawsuit

According to the complaint, the generic drug manufacturer, Cephalon, knew from the outset that Fosamax posed serious risks to patients when used without the supervision of a doctor. The plaintiffs claim that Teva knew there were un-procedural, but still undetectable side effects when it released the generic version of the drug.

In addition to that, Haddad contends that Fosamax was never approved by the FDA as a safe or effective treatment for osteoporosis in prior studies and that those studies “cast doubt on the safety and effectiveness of Fosamax.” These investigations into the conduct of Fosamax Class Action lawsuit and the activities of Teva concerning the development of generic versions of Fosamax are currently pending before the courts.

While the generic fosamax class action lawsuit was filed against Teva, it is seeking damages against the generic version manufacturer, Cephalon, for its part in knowing of the dangerous effects of fosamax, yet choosing to release it anyway.

A previous class action lawsuit against Cephalon was itself ruled into bankruptcy, forcing Cephalon to sell off its assets and liabilities to pay damages to plaintiffs. While no monetary damages have been awarded in this case to date, Cephalon is facing the prospect of significant losses, if it does not settle these issues with the plaintiffs.

Furthermore, while the fosamax class action lawsuit against Teva seeks damages for the harms it has caused, it also seeks to hold the generic version manufacturers responsible for the thousands of other injuries and deaths that occur each year as a result of their drugs.

It must be noted that this class action lawsuit is not simply a money making scheme for Cephalon shareholders. The plaintiffs in this lawsuit have a real claim to being victims of Fosamax negligence. The generic version of fosamax was supposed to be safer than the original, which caused many to suffer severe side effects. As well, the original fosamax was only available in the US, which meant that those outside of the country had to rely on travel and importing drugs into the country to use.

As well as seeking compensation from the generic drug manufacturer, fosamax lawsuits also target the drug’s distributor, J.D. Myers.

The distributor manufactured fosamax illegally and did not follow applicable laws and regulations. One of the main issues in this lawsuit is the fact that J.D. Myers did not have a legitimate distribution agreement with the Food and Drug Administration when he distributed the generic version of the drug.

There are two main factors at play in this class action lawsuit against Teva.

Firstly, it is an opportunity for plaintiffs to receive large awards in cash and to have the power to make major changes to the way the generic version of fosamax is sold. Secondly, it is a chance for generic drug manufacturers to gain a foothold in the highly competitive market for prescription drugs. It is unlikely that any other manufacturer will be able to come up with a similar product offering as Teva has been able to do with their fosamax class of drugs. This has created a great opportunity for Teva shareholders to receive a substantial cash award, but also gives other generic drug manufacturers’ confidence that they will not be hit with the same lawsuit in the future.

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