The Fosamax thigh-bone-fracture cases looked dead on federal preemption — until a 2024 appeals ruling and a 2025 Supreme Court cert denial put them back on their feet. Here is what the litigation alleges, who may qualify, and why "revived" does not yet mean "settled."
Allegations Only · No Settlement Yet
This page describes ongoing litigation. The statements below are unproven allegations. Merck has not been found liable, there is no certified class, and there is no settlement or claim form for the femur-fracture claims at this time. Plaintiffs recently prevailed on a threshold legal question (federal preemption), but the merits — whether the warnings were adequate and whether the drug caused a given injury — remain undecided. This page is informational and is not legal or medical advice; do not stop taking any prescribed medication without consulting your doctor.
What Is This About?
Fosamax (alendronate sodium) is a bisphosphonate — a class of drugs used to treat osteoporosis by slowing bone breakdown. Plaintiffs allege that long-term Fosamax use paradoxically weakened their bones in a specific way, causing "atypical femoral fractures": low-energy or spontaneous breaks of the thigh bone that can occur with little or no trauma. They allege Merck failed to adequately warn patients and doctors of that risk.The federal cases are consolidated in multidistrict litigation known as MDL 2243, In re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II), in the U.S. District Court for the District of New Jersey. (This is the femur-fracture MDL; it is distinct from an earlier, separate Fosamax litigation over jaw injuries.)
What makes this case notable is its road through the courts: it was dismissed on a federal-preemption defense, traveled all the way to the U.S. Supreme Court, and has now been revived. The claims are allegations that have not been proven, and there is no settlement.
What Do the Lawsuits Allege?
Plaintiffs allege that while bisphosphonates like Fosamax reduce bone turnover, long-term use can leave bone unable to repair the tiny stress cracks that accumulate with everyday activity — setting the stage for an atypical femoral fracture. These fractures are distinctive: they occur in the long shaft of the thigh bone, are often preceded by weeks or months of thigh or groin pain, and can happen during ordinary movement rather than a fall.The core legal theory is failure to warn — that Merck knew, or should have known, of the atypical-fracture risk and did not provide an adequate warning to patients and prescribers. Merck has contested both the science and its legal responsibility, and it won an early federal bellwether trial on the merits years ago. Liability has not been established.
The Preemption Fight — and the Revival
The defining feature of this MDL has been a long battle over federal preemption — the argument that because the FDA regulates drug labels, Merck could not be sued under state law for failing to add a stronger warning. The chronology matters:• The district court first granted judgment for Merck on preemption grounds.
• In Merck Sharp & Dohme v. Albrecht (2019), the U.S. Supreme Court clarified the standard, holding that whether the FDA would have rejected a stronger warning is a question of law for a judge — and sent the case back down.
• On remand, in 2022, the district court again found the claims preempted and entered judgment for Merck.
• In September 2024, the U.S. Court of Appeals for the Third Circuit reversed, holding that the FDA's earlier rejection of one proposed label change was not "clear evidence" the agency would have rejected any atypical-fracture warning — so the claims are not preempted.
• In June 2025, the U.S. Supreme Court denied Merck's petition to review that decision, leaving the Third Circuit's ruling in place.
With the preemption defense rejected, the district court (under Judge Karen M. Williams) ordered the cases that had not otherwise been dismissed reinstated. The femur-fracture litigation is live again — but a win on preemption is a win on a threshold legal question, not a finding that the drug caused any plaintiff's injury or that Merck is liable.
Who May Qualify?
You may qualify to speak with counsel if you:• Took Fosamax (alendronate) long-term, typically for osteoporosis, and
• Suffered an atypical femoral fracture — a low-energy or spontaneous break of the thigh bone.
Claimants are most often postmenopausal women treated for osteoporosis. Eligibility depends on the length of use, the specific type of fracture (an atypical femoral fracture, as opposed to an ordinary traumatic break), and the facts of your case. Helpful evidence includes pharmacy records showing long-term use, imaging of the fracture, and orthopedic records. Statutes of limitations vary by state, so anyone considering a claim should consult an attorney promptly.
Is There a Settlement?
No. There is no settlement of the atypical-femur-fracture claims and no claim form or deadline on this page. It is worth clearing up a common point of confusion: an earlier, separate Fosamax settlement resolved a different set of claims — jaw injuries known as osteonecrosis of the jaw — and did not cover femur fractures. The femur-fracture MDL is now an active, contested litigation whose ultimate outcome, including whether it resolves through trials or a future settlement, has not been decided.Frequently Asked Questions
What do the Fosamax lawsuits allege?
Plaintiffs allege that long-term use of Merck's osteoporosis drug Fosamax (alendronate sodium), a bisphosphonate, caused atypical femur fractures — low-energy or spontaneous breaks of the thigh bone — and that Merck failed to adequately warn patients and doctors of that risk. These are allegations that have not been established as fact; liability has not been decided.
Weren't the Fosamax cases dismissed on preemption?
They were, but that dismissal was reversed. After the Supreme Court's 2019 decision in Merck v. Albrecht, the district court again ruled the claims were preempted in 2022. In September 2024 the Third Circuit reversed that ruling, holding the claims are not preempted, and in June 2025 the Supreme Court denied Merck's petition to review. The cases were then reinstated and are active again.
Is there a Fosamax femur-fracture settlement?
No. There is no settlement of the atypical-femur-fracture claims in MDL 2243, and no claim form or deadline. (A separate, earlier Fosamax settlement resolved jaw-injury "osteonecrosis" claims and did not cover femur fractures.) The femur-fracture litigation is active but its merits remain undecided.
Who may qualify for a Fosamax femur-fracture claim?
Long-term Fosamax (alendronate) users — most often postmenopausal women treated for osteoporosis — who suffered an atypical femoral fracture (a low-energy or spontaneous thigh-bone break). Eligibility depends on the length of use, the type of fracture, and the facts of each case, and should be reviewed with an attorney.
Related Mass Torts & Sources
• Zostavax shingles vaccine lawsuit (MDL 2848) — another Merck MDL, where the core cases were dismissed.• PPI kidney injury lawsuit (MDL 2789) — a drug MDL that resolved through settlements.
• Depo-Provera brain tumor lawsuit (MDL 3140) — another pharmaceutical failure-to-warn MDL.
Primary sources: the U.S. Supreme Court's opinion in Merck Sharp & Dohme Corp. v. Albrecht (2019) and its June 2025 order denying certiorari; the Third Circuit's September 2024 decision reversing the preemption judgment (In re Fosamax, 118 F.4th 322); the U.S. District Court for the District of New Jersey MDL 2243 docket; and the U.S. Judicial Panel on Multidistrict Litigation (JPML) pending-MDL statistics.
Important Disclosures
This page is for general informational purposes and does not constitute medical or legal advice. You should consult a qualified attorney about your individual situation and your doctor about any medication. OpenClassActions.com is not a law firm and is not a claims administrator, and this page does not create an attorney-client relationship.Free settlement alerts
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