Bernstein Liebhard LLP, a nationwide law firm representing clients who sustained Fosamax femur fractures as a result of taking the widely prescribed osteoporotic drug, reports that a new Case Management Order was recently issued in In re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II) (MDL No. 2243 Civ. No. 08-08 (JAP-LHG)). The Order, issued by the Honorable Joel A. Pisano, who is overseeing the federal Merck Fosamax litigation concerning femur fractures, currently underway in the U.S. District Court for the District of New Jersey, involves the exchange of evidence between the parties. Specifically, it sets forth procedures for the exchange and production of paper documents and electronically stored information and serves to expedite the discovery phase of the Merck Fosamax litigation.

Specific Provisions Of The Merck Fosamax Litigation Order

The purpose of this type of discovery order is to eliminate confusion and facilitate the efficient and cost-effective production of documents relevant to the Merck Fosamax litigation. The Order is clear that this protocol applies to all cases in the federal Fosamax femur fracture multidistrict litigation. Furthermore, the Order addresses how Merck should handle requests that would require the production of privileged information or trade secrets. Finally, the Order addresses technical issues such as how documents will be identified and in what format they will be delivered.

Status of Related Federal Merck Fosamax Lawsuits

In addition to the femur fracture lawsuits pending before Judge Pisano, there is also a multidistrict litigation currently underway in the U.S. District Court for the Southern District Court of New York before the Honorable John F. Keenan. Plaintiffs with lawsuits pending in the consolidated litigation, In re Fosamax Products Liability Litigation (“MDL No. 1789”), allege that Fosamax caused them to develop osteonecrosis of the jaw (“ONJ”). Although a handful of the ONJ cases have gone to trial, the femur fracture cases are still in the pre-trial discovery phase of the litigation.

The lawyers at Bernstein Liebhard LLP are currently representing clients and actively filing cases on behalf of individuals who were allegedly injured as a result of taking Fosamax. Those who took Fosamax and sustained a femur fracture may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries. Learn more by watching this Fosamax femur fracture video, which details the events leading up to the Merck Fosamax litigation, or visit our website,

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past nine consecutive years. Only two firms in the country have been selected for the Hot List nine years in a row.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
(877) 779-1414

ATTORNEY ADVERTISING. © 2012 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. The lawyer responsible for this advertisement in the State of Connecticut is Amy L. Abate.  Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

Published June 4, 2012 by