subject: Fosamax: Multidistrict Litigation And Class Action Lawsuit [print this page] Published reports indicated that an increasing Fosamax lawsuits are being filed can be traced back to the issues against the adverse effects of the drug called Fosamax. A multidistrict litigation (MDL) was made to cater all these lawsuits as mandated by the New York Court. This MDL became possible on 2006. A Fosamax MDL court decision has just been issued.
The results from this Fosamax MDL have brought excitement to many people. But the outcome turned out to be quite depressing for plaintiffs. These lawsuits happened because of patients complaining about its effects. Manufacturers also failed to provide information about the possible occurrence of femur fractures was also one of the complaints. However, a generic Fosamax manufacturer is not expected to provide warnings when its brand name manufacturers are not doing it, Supreme Court says.
As for people who wants to pursue their claims on generic Fosamax manufacturers, things can seem pretty bad considering the results even if we say that they have legal justifications. As for the original manufactures of this drug which is the origin of these cases, the results can in no way affect it.
Generic Fosamax users are not expected to find advantages on a Fosamax MDL after its results. It can only be beneficial among Fosamax brand name pursuant. The mechanism of MDL is very simple, cases sharing similar fact will be consolidated into one and be held in one district court under the management of only one judge.
MDL is said to be much better compared to class action lawsuit because the different nature of each case will be considered by the deciding judge. A general way is how class action lawsuits can be perfectly described often resulting into similar consequences. Classes must be defined carefully for class certification, or else the judge will rule the individual case out.
Presiding class action lawsuit magistrate, Judge Keenan had disapproved Fosamax femur fracture plaintiffs from Florida, Louisana, and Pennsylvania because he thinks that the pursuant were not able to meet the given standards and there was inadequacy on its class definition. It is very clear how a class action lawsuit can be hard to manhandle which gives MDL to be a more favorable option. But not all people prefer a MDL which makes the existence of a Fosamax class action lawsuit a good news for them.
