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JPML Transfers Fosamax Femur Fracture Cases To N.J.



- HarrisMartin

05/24/2011 -The Judicial Panel on Multidistrict Litigation has granted Merck & Co. Inc.’s request to transfer 36 actions alleging femur fractures and other bone injuries to New Jersey federal court for coordinated pretrial proceedings. In re Alendronate Sodium Product Liability Litigation, MDL No. 2443 (JPML).

In a May 23 order, the panel, led by Chairman John G. Heyburn II, transferred the cases to the U.S. District Court for the District of New Jersey and assigned them to Judge Garrett E. Brown.

The actions, filed in federal courts in Florida, Illinois, Kentucky, Louisiana, Missouri, New Jersey, New York and Tennessee, accuse Merck of failing to warn doctors and patients of the risk of femur fractures associated with the osteoporosis drug.
“On the basis of the papers filed and hearing session held, we find that these 36 actions involve common questions of fact, and that centralization under 28 U.S.C. Section 1407 will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation,” the panel held. “All actions share questions of fact arising from similar allegations that use of Fosamax or its generic equivalent caused femur fractures or similar bone injuries. Given that over 40 actions are pending in 14 districts before 14 judges, centralization is warranted and will eliminate duplicative discovery, prevent inconsistent pretrial rulings and conserve the resources of the parties, their counsel and the judiciary.”

The panel deemed the District of New Jersey “an appropriate forum” given the number of cases pending in that district and the length of time that some of those actions have been pending.

“The headquarters, witnesses and documents of the common defendant, Merck, are located within the District of New Jersey, and nearly two-thirds of the pending actions are already in this district before a single judge,” the panel explained. “In addition, the federal courthouse in Trenton, N.J., is relatively close to the state court in Atlantic City, N.J., where hundreds of related cases are pending. Centralization in this district could facilitate coordination between the federal and state courts. Centralization in this district also permits the panel to assign the litigation to an experienced transferee judge who is already presiding over 21 actions in the District of New Jersey.”

Merck is represented by Paul F. Strain and David J. Heubeck of Venable in Baltimore and John H. Beisner and Jessica D. Miller of Skadden Arps Slate Meagher & Flom in Washington, D.C.

Although most cases of osteonecrosis of the jaw related to Fosamax Side Effects have occurred after dental work several cases have been reported to occur without any prior dental work. If you are currently taking Fosamax you may be at risk of developing osteonecrosis. If you have been injured by Fosamax side effects such as ONJ or femur/thigh fractures you may be entitled to compensation. For more information about your legal rights contact the Fosamax Attorneys of Ennis & Ennis, P.A. today. If you or a loved one have experienced low energy femur fracture due to the use of Foasamax, call the Foasamax attorneys of Ennis & Ennis, P.A. today or fill out our free case evaluation form on this page.