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Merck Gets its Way in the Fosamax Femur Fracture Litigation

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

Merck moved to consolidate all Fosamax femur fracture lawsuits on March 23, 2011. In its petition, Merck requested that the Fosamax femur fracture lawsuits be consolidated in one specific Federal Court – the U.S. District Court for the District of New Jersey and assigned to the Honorable Garrett E. Brown, Jr. It is likely that Merck requested this specific court because of its recent victory in Merck Sharp and Dohme Pharmaceuticals SRL v. Teva Pharmaceuticals USA Inc. Plaintiffs opposed Merck’s petition to consolidate the cases and in doing so suggested a different court. However, Merck got its way.

Currently, there are about 36 Fosamax fracture lawsuits pending in federal courts around the country. All of these lawsuits will now be consolidated in Multi-District Litigation # 2243 in front of Judge Brown. The lawsuits allege that Merck failed to warn that Fosamax poses a higher risk of femur fractures.