Jury Is Told Numerous Times By Her Attorney That Fosamax Did Nothing For Sessner, It Only Did Something To Her
During his March 5, 2012 opening statement the plaintiff's attorney, Tim O'Brien, told members of the jury numerous times that Fosamax did nothing for Jo Ann Sessner, it only did something to her.
It is alleged in this Fosamax lawsuit -- Jo Ann Sessner vs. Merck Sharp & Dohme Corp., ATL-L-3394-11 (MT), which is currently ongoing in a New Jersey state court, with Judge Carol Higbee presiding -- that the osteonecrosis of the jaw (ONJ) which Mrs. Sessner developed was caused by her six years of Fosamax use. In medical terms, this condition is known generally as "bisphosphonate-related osteonecrosis of the jaw" (BRONJ).
To clarify what is meant by this contention that "Fosamax did nothing for Jo Ann Sessner, it only did something to her", the plaintiffs will introduce evidence during this Sessner Fosamax - ONJ trial that Merck's osteoporosis medication does nothing beneficial for a patient with osteoporosis after 36 months, or three years, of use in terms of preventing fractures.
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Moreover, if that patient really only had osteopenia, and not osteoporosis, then there was never really any medical benefit gained from taking Fosamax, according to other evidence that the plaintiffs will put on during this Sessner trial.
Therefore, and this is presuming that Mrs. Sessner had osteoporosis (and not just osteopenia), after the first three years that she used Fosamax -- or, to put it otherwise, during the immediate three years before she was diagnosed with ONJ -- Fosamax was not helping Mrs. Sessner but only hurt her by causing the ONJ, which was vividly described by Mr. O'Brien in his opening statement as "a disfiguring, a disabling, and a life-changing disease".
Well, as it turns out (unfortunately), Mrs. Sessner has plenty of company in terms of the number of women who have been diagnosed with ONJ associated with Fosamax. This evidence will be developed by the plaintiff's attorneys during the second week of this Fosamax - ONJ Sessner trial currently ongoing in a New Jersey state court.
Note: Courtroom View Network (CVN) has cameras that are webcasting the Sessner trial from Judge Higbee's courtroom in New Jersey to attorneys and other interested persons around the country. I want to thank CVN for providing this remote access as it allows me to view and report on the Sessner trial without having to actually be there.
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