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Litigation Update: Fosamax — Femurs and Jaw Bones

January 1, 1970 · FLEMING | NOLEN | JEZ, L.L.P.

Fosamax: Femur Fractures
In the recent months, millions of pages of documents have been reviewed and numerous depositions were taken of key Merck employees. The discovery process has been going well. It is anticipated that the first femur fracture trial will take place in state court in Atlantic City, New Jersey in March of 2013. An additional trial will follow in the United States District Court for the District of New Jersey in April of 2013.

Fosamax: Osteonecrosis of the Jaw (ONJ)
Merck recently filed a motion for a Lone Pine order requesting the court to require all plaintiffs to serve a detailed expert report. The Plaintiffs Steering Committee and others opposed Merck’s request. After a hearing, the Court entered an order limiting Merck’s request. The Court ordered that only certain plaintiffs must serve the detailed expert report. Those reports will be due on a rolling basis now.