It’s important to maintain an eye on developments in the two Fosamax multidistrict litigation (MDL) proceedings. The Fosamax femur fracture MDL (No. 2243) is currently pending in the U.S. District Court for the District of New Jersey before District Court Judge Joel A. Pisano, and the Fosamax osteonecrosis of the jaw (ONJ) MDL (No. 1789) is located in the U.S. District Court for the Southern District of New York before District Court Judge John F. Keenan.
Number of Femur Fracture Cases in MDL Grows
The first piece of news is that the Judicial Panel on Multidistrict Litigation (JPML) recently updated its website with new information on the number of cases in the two MDLs. Last January, the Rottenstein Law Group reported that the number of cases in the Fosamax ONJ MDL was 975, and as of March 5, 2013, that number has held flat, which might be due to the Lone Pine motion the MDL court granted in Merck’s favor last year. The motion required plaintiffs to demonstrate that they had indeed suffered ONJ.
By contrast, the number of cases in the Fosamax femur fracture MDL continues to grow. In January 2012, the number of cases had crested 842, but in the span of two months that figure has grown to 944, bringing it roughly in line with the ONJ MDL. Apparently many people who have been injured by Fosamax, or similar drugs from its bisphosphonate class, have been busy filing lawsuits against the manufacturers.
First Femur Fracture MDL Bellwether Trial to Begin in April
In late February, Merck released its annual shareholder filing (Form 10-K) with the U.S. Securities and Exchange Commission, and it contains information on how the lawsuits are faring in the femur fracture MDL.
Notably, Glynn v. Merck, the first femur fracture scheduled in federal court, is still slated to begin on April 8, 2013. Merck disclosed that three more trials out of the 33 cases that the parties reviewed for bellwether status have also been scheduled:
- September 2013 – Zessin v. Merck
- January 2013 – Young v. Merck
- May 2014 – Johnson v. Merck
RLG Advocates for Fosamax Users
Merck is willing to fight each of these cases to trial, and it will ensure that Fosamax users do not receive compensation without taking legal action. If you took Fosamax as directed, and you believe it contributed to an injury, the Rottenstein Law Group would like to help you obtain the compensation you deserve. Simply click on this link or all 1-877-476-1516 and one of our lawyers will call you as soon as possible to give you a complimentary, confidential case evaluation.