Man files Fosamax suit against Merck in Huntington federal court

By Kyla Asbury | Aug 21, 2013

HUNTINGTON - A man is suing Merck Sharp & Dohme Corp. for allegedly allowing him to ingest a defective medication that caused him injuries.

Carl Donald Johnson ingested Fosamax, which was designed, researched, manufactured, labeled, packaged, promoted, marketed and/or sold by Merck Sharp & Dohme Corp., according to a complaint filed Aug. 9 in the U.S. District Court for the Southern District of West Virginia at Huntington.

Johnson claims the Fosamax he ingested was defective and unreasonably dangerous as it was not reasonably safe for its intended use.

The Fosamax was defective in design and formulation, making it more dangerous than an ordinary consumer would expect, according to the suit.

Johnson claims due to the defendant's failure to adequately warn the federal Food and Drug Administration, doctors and consumers of the known risks associated with Fosamax, Johnson's physicians were unable to inform him of the true risks associated with the medication.

The defendant marketed, sold and distributed Fosamax and knew and promoted the use for which it was used by Johnson, according to the suit.

Johnson claims he reasonably relied on the skill, expertise and judgment of the defendant and its representations as to the fact that Fosamax was of merchantable quality.

The Fosamax manufactured and supplied by the defendant was not of merchantable quality, as warranted by the defendant in that the drug had dangerous side effects and was not fit for the ordinary purpose for which it was intended, according to the suit.

Johnson claims as a direct and proximate result of the Fosamax, Johnson was caused bodily injury; pain and suffering; and economic loss.

As a result of one or more wrongful acts or omissions of the defendant, Johnson suffered profound injuries, which are permanent and continuing in nature; required medical treatment and hospitalizations; and has been kept from ordinary activities and duties; and suffered physical pain and suffering, disability and loss of enjoyment of life, according to the suit.

Johnson is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by James A. McKowen of James F. Humphreys & Associates LC.

U.S. District Court for the Southern District of West Virginia at Huntington case number: 3:13-cv-21670

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