December 31, 2012 Totals: 2,075 New Jersey (NJ) State Court Lawsuits, With 820 Cases Pending In Federal Court Fosamax MDL And 420 California Claims

(Posted by Tom Lamb at DrugInjuryWatch.com)

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UPDATE: "Second Fosamax – Femur Fracture Lawsuit Trial Starts In New Jersey, This One In The Federal Court MDL With Judge Pisano Presiding"

(4/8/13)

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The first Fosamax – femur fracture trial, Su v. Merck, starts today (March 11, 2013) in a New Jersey (NJ) state court.

From the Merck 2012 Annual Report / Form 10-K (PDF) we get this information about the NJ state court Fosamax litigation:

As of December 31, 2012, approximately 2,075 cases alleging Femur Fractures have been filed in New Jersey state court and are pending before Judge Higbee in Atlantic County Superior Court. The parties have selected an initial group of 30 cases to be reviewed through fact discovery.

The federal court Fosamax multidistrict (MDL) for femur fracture cases was created in May 2011 and the first trial in that litigation is currently scheduled to start in April 2013.

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From the Merck 2012 Annual Report here is what the drug company reports about this federal court MDL Fosamax litigation:

[A]pproximately 820 cases were pending in the Fosamax Femur Fracture MDL as of December 31, 2012. A Case Management Order has been entered that requires the parties to review 40 cases (later reduced to 33 cases). Judge Joel Pisano has selected four cases from that group to be tried as the initial bellwether cases in the Fosamax Femur Fracture MDL and has set an April 8, 2013 trial date for the first bellwether case, which will be Glynn v. Merck. The Zessin v. Merck case is set to be tried in September 2013; the Young v. Merck case is set to be tried in January 2014; and the Johnson v. Merck case is set to be tried in May 2014.

Lastly, out west, at the end of December 2012 there were 420 California state court lawsuits alleging femur fractures caused by Fosamax use. The consolidated proceedings for those California cases is situated in Orange County, with Judge Steven Perk presiding.

Be assured that we are watching for the Su v. Merck trial jury verdict in New Jersey and we will continue to monitor each of the three Fosamax litigations — NJ, MDL, and CA.

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