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LEGAL MATTERS - A LEGAL NEWSLETTER FROM THE RASANSKY LAW FIRM
Merck drug Fosamax linked to Osteonecrosis

The Rasansky Law Firm is now investigating Fosamax injury claims against Fosamax’s manufacturer, Merck (the maker of VIOXX) for the potential link between Fosamax and Osteonecrosis of the Jaw (ONJ).

A recent medical study published in The Journal of Oral and Maxillofacial Surgeons has revealed a dangerous connection between Fosamax and Osteonecrosis of the Jaw (ONJ), a serious and painful bone disease resulting in permanent damage.

Fosamax, manufactured by Merck (the same manufacturer of VIOXX), is a drug prescribed to treat and prevent the bone disease Osteoporosis.

Both men and women who have developed Osteoporosis due to natural causes often use Fosamax to treat their Osteoporosis.

Fosamax is in a class of drugs known as bisphosphonates which inhibit the resorption of bone.

Bone resorption is the process in which one’s bone mass is broken down or reduced which depletes bone strength resulting in Osteoperosis.

Fosamax acts as an inhibitor of the bone resorption process.

Osteoporosis is a disease affecting over 44 million people in the United States that causes bones to lose their density and strength as they age. Over 10 million men and women are prescribed Fosamax and may be affected by its potentially dangerous side effects.

Fosamax can potentially cause a number of serious side effects one being Osteonecrosis of the Jaw which is commonly referred to as “dead jaw” or “rotting of the jaw.”

Osteonecrosis (ONJ) causes the bones in the jaw to swell, severely affecting the ability of the individual to eat, speak, and swallow causing permanent damage.

Osteonecrosis can be caused by the use of Fosamax. Osteonecrosis (ONJ) affects the ability of one’s jaw bone to heal properly after minor trauma such as a tooth extraction.

Commonly referred to as “jaw rot” or “dead jaw”, Osteonecrosis causes the bones in the jaw to swell severely affecting the ability of a person to eat, speak, and swallow.

If you or a loved one have taken Fosamax and suffered from Osteonecrosis of the Jaw (ONJ) or any other injury as a result of Fosamax, contact The Rasansky Law Firm immediately with regard to investigating a potential Fosamax Lawsuit on your behalf.

Workplace Retaliation

According to The Equal Employment Opportunity Commission (EEOC), retaliation claims have jumped in the past decade resulting in about 30 percent of all individual claims.

It is against the law for an employer to retaliate against an employee for filing a complaint or for participating in a legal proceeding.

10 examples of employer retaliation include:

1. Firing an employee for no reason or a made-up reason

2. Reducing job duties

3. Refusing a raise regularly given

4. Lowering performance reviews

5. Withholding wages

6. Assigning an employee to less desired job duties or shifts

7. Blacklisting an employee

8. Not hiring an applicant who made an FLSA claim against another company

9. Firing a relative of the employee

10. Disciplining an employee out of proportion to other prior disciplinary practice

The Supreme Court is currently reviewing a workplace retaliation claim and trying to more clearly determine when an employer has wrongly retaliated against a worker.

Lower Courts are sharply divided over what constitutes retaliation and are looking to The Supreme Courts opinions regarding a case in Memphis in which a former female employee of Burlington Northern Santa Fe Railway Yard alleged she was retaliated against for complaining about sexual harrasment.

White alleges that the actions were unlawful retaliation under Title VII of the 1964 Civil Rights Act in which a jury agreed and awarded $43,000 in damages; however, Burlington Northern Santa Fe Railway Yard appealed the decision.

It is sad to see that retaliation claims now comprise such a large part of total EEOC claims. First, it is bad enough that the employer acted improperly in the first place. Then, to add insult to injury, the employer deems it appropriate to take further inappropriate action when their initial bad acts are brought to light.

Companies would likely save considerable money by “doing the right thing” even after an initial violation. Instead, though, it seems as though some companies would rather roll the dice and let juries award significant punitive damages to the victims.

Ambien related sleep-driving accidents result in lawsuits

Ambien has become a common factor in an increased amount of traffic arrests in which drivers say they have no memory of even getting behind the wheel after taking the nation’s most popular prescription sleeping pill.

An alarming number of sleep-driving motorists have been driving in an impaired, zombie-like state leading not only to an increased amount of Ambien-related driving arrests, but an increased amount of Ambien Lawsuits.

If you or a loved one took Ambien and have suffered from memory loss, sleep walking, sleep driving or other harmful side effects, contact The Rasansky Law Firm immediately.

The Rasansky Law Firm is now investigating the potentially harmful effects of taking Ambien and may be able to represent you in an Ambien Lawsuit against Sanofi-Aventis.

Recently interviewed in a NBC investigation on the effects of Ambien sleep-driving related incidents, Dallas Personal Injury Attorney Jeff Rasansky commented on Ambien's unusual side effects.

"Unfortunately it's not unusual. We get phone calls all the time about Ambien-related driving incidents where people have no recollection of being under the influence of Ambien or other sleep-inducing drugs which has prompted the investigation of potential legal action to be taken on behalf of those who have suffered as a result of taking Ambien."

Last year, 26.5 million prescriptions of Ambien were filled and although Ambien’s manufacturer, Sanofi-Aventis, says Ambien is safe when taken as prescribed, a Sanofi-Aventis mouthpiece has said that they "are aware of reports of people driving while sleepwalking, and those reports have been provided to the U.S. Food and Drug Administration."

Even though Ambien’s current label warnings advise that the drug should not be used with alcohol and in some cases could cause sleepwalking or hallucinations, perhaps better warnings should be in place alerting Ambien users to its potentially harmful side effects.

Numerous reports of people taking Ambien after having a couple of drinks, have awoken to find themselves in jail without any memory of how they got there for reckless driving or worse.

A current survey being conducted by the Society of Forensic Toxicologists reveals that among labs that conduct tests of drivers' blood samples for two dozen states, 10 of those labs list Ambien among the top 10 drugs found in impaired drivers.

Although several of these sleep-driving incidents have occurred when both Ambien and Alcohol were found in one’s blood stream, it must also be noted that incidents in which no Alcohol was consumed are equally as prevalent.

Previous research done with regard to the potentially dangerous effects of Ambien has shed light on several bizarre and unusual behaviors such as night-time binge eating, sleep walking and urinating on floors in which the person is unaware of their actions or surroundings.

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