Merck Seeks Consolidation for Fosamax Femur Fracture Lawsuits

Merck Seeks Consolidation for Fosamax Femur Fracture Lawsuits

In October 2010, the U.S. Food and Drug Administration released a Fosamax warning informing physicians and consumers that Fosamax and similar bisphosphonate drugs cause atypical low-impact femur factures. It turned out that Fosamax users' thigh bones could break from a short fall from standing height or when merely standing. After the warning, women injured by Fosamax began filing dozens of Fosamax femur fracture lawsuits against Merck for inadequately researching the drug and for failing to warn the public of Fosamax's dangerousness. Fosamax lawyers expect the number of lawsuits will grow as word gets out.

Already Merck faces Fosamax femur fracture lawsuits in eight separate federal district courts. To simplify things, on March 23, 2011, it petitioned the Judicial Panel on Multidistrict Litigation (MDL) to merge every Fosamax lawsuit into a single MDL proceeding. Merck selected District Judge Garrett Brown of the U.S. District Court for the District of New Jersey as its first choice for consolidation because that's where Merck is headquartered. As a second choice, it asked for the U.S. District Court for the Western District of Louisiana and District Judge Rebecca Doherty.

What is MDL and how does it differ from a class action lawsuit? These are the first questions people ask when they hear the term. Class actions give numerous plaintiffs the same amount of compensation for injuries they largely share between members of their class. The best example is when a company commits securities fraud on its shareholders. In situations such as Fosamax's, the plaintiffs' injuries can vary quite significantly even though Merck injured so many people. MDL consolidates lawsuits for purposes of reducing duplicative information exchanges (discovery), eliminating contradictory court rulings, and efficiently using the parties' and the court's time and resources. After the pretrial phase, individual plaintiffs can proceed to trial and receive compensation for their precise injuries.

This is not the first time Merck has moved the Judicial Panel for MDL consolidation in Fosamax lawsuits. The drug also causes jaw decay, known as osteonecrosis of the jaw (ONJ), and more than 900 Fosamax ONJ lawsuits were merged into MDL in a New York City federal court. These lawsuits began in 2006, and people tried to include bone fracture cases into the MDL proceeding, but the court excluded them because the bone fracture cases differed too much from the ONJ ones.

Now, Merck is asking for a separate MDL proceeding for Fosamax bone fractures. If you took Fosamax and suffered a femur fracture or unusual bone pain, the Rottenstein Law Group would like to give you a free consultation, and we will help you find out what amount of compensation you may be eligible for. Contact us by completing our form on the right side of your browser or by clicking on this link.

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