Fosamax Litigation Update
Judge John F. Keenan of the United States District Court for the Southern District of New York issued an Order this month re-setting the upcoming trials of Louise H. Maley and Shirley Boles (retrial) for their claims against Merck, the maker of Fosamax, to April and June of 2010, respectively. Furthermore, after dismissing a “bellweather” case in this matter Judge Keenan ordered counsel for the parties to appear on February 1st in New York; a conference in which Judge Keenan informed counsel for both sides that he will choose at random a case (out of the hundreds that have been filed) to replace the “Fleming” case which is no longer a part of the Fosamax multi-district litigation.
Plaintiffs around the country contend that taking Fosamax caused them to develop a rare problem called osteonecrosis of the jaw. Many of the Fosamax cases have been consolidated before Judge Keenan to establish common legal and evidentiary issues.
