Fosamax Multidistrict Litigation Update: Judge Orders the Monthly Dispersal of 200 Cases to their Courts of Origin Each Month, Reports Parker Waichman LLP

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A federal judge overseeing the New York-based osteoporosis drug Fosamax multidistrict litigation has ordered the monthly dispersal of 200 cases to courts throughout the nation, reports Parker Waichman LLP, which offers legal consultations to victims of Fosamax side effects, including femur fractures.

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As per the judge’s order, the deadline is Oct. 11 for Plaintiffs’ lawyers to propose where the first 200 cases should be sent, according to court documents.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective drugs, reports that U.S. District Judge John Keenan, who oversees the Manhattan-based multidistrict litigation (MDL) for the osteoporosis drug Fosamax (In Re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II)., MDL No. 2243), issued an Aug. 29 order that 200 cases per month be sent back to the courts where they were initially filed, starting with the oldest first, according to court documents.

An Aug. 30 Reuters report noted that since companies tend to reach settlements easier in mass-tort cases compiled before one judge, Judge Keenan’s move is “an unusual and potentially costly development for Merck,” the Defendant of this MDL. Reuters added that the cases before Keenan make up about one-fifth of the 5,075 Fosamax-related lawsuits pending in federal and state courts, and that in the case of the New York-based MDL, Plaintiffs’ lawyers had sought to have 300 cases transferred every four months, while Merck had sought to schedule only 100 cases for discovery over a six-month period.

As per the judge’s order, the deadline is Oct. 11 for Plaintiffs’ lawyers to propose where the first 200 cases should be sent, according to court documents.

Fosamax and other bisphosphonate drugs were approved to fight bone loss from conditions such as osteoporosis. However, the drugs have been under fire due to reports that link them to an increased risk of femur fractures. On June 25, 2012, the Archives of Internal Medicine published a study comparing the atypical versus “classic” fractures. The researchers found a significant relationship between bisphosphonate use and atypical femur fractures, reporting that 82 percent of the patients in the atypical fracture group had taken bisphosphonates.

On Oct. 13, 2010, the U.S. Food and Drug Administration (FDA) updated its Fosamax safety information to include a warning about the risk of atypical femur fractures. The FDA also published a study in the May 31, 2012, New England Journal of Medicine suggesting that, based on trials involving 2,342 postmenopausal women, there is little benefit for those who take bisphosphonates for more than five years.

Parker Waichman LLP continues to offer free legal consultations to victims of Fosamax side effects. If you or a loved experienced an atypical femur fracture and you believe Fosamax is to blame, please contact their office by visiting the firm’s Fosamax website. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).

Parker Waichman LLP
Gary Falkowitz, Managing Attorney
1+(800) LAW-INFO
1+(800) 529-4636

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Gary Falkowitz
Parker Waichman LLP

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