Bernstein Liebhard LLP reports that the Honorable Carol E. Higbee, who is overseeing the consolidated Fosamax lawsuitsIn re: Fosamax Litigation (No. 282 NJ. Super. Ct.) pending in the Superior Court of New Jersey, Atlantic County, issued a Case Management Order regarding four Fosamax lawsuits.*  Because Fosamax side effects include femur fractures and osteonecrosis of the jaw, both types of lawsuits have been consolidated into one mass tort action.  On November 1, 2011, Judge Higbee ordered that the group of Fosamax lawsuits alleging that Fosamax caused plaintiffs to develop osteonecrosis of the jaw will proceed to trial on February 27, 2012.  In issuing the Case Management Order, Judge Higbee outlined detailed deadlines that both plaintiffs and Merck, the defendant in the Fosamax litigation, must adhere to in anticipation of the February 2012 trial date.  Although the Fosamax femur fracture lawsuits have been consolidated with lawsuits alleging that Fosamax caused osteonecrosis of the jaw, none of the femur fracture lawsuits have gone to trial yet.  Judge Higbee is trying the osteonecrosis of the jaw cases first; trials for the Fosamax femur fracture lawsuits will follow.  Because Merck, the manufacturer of Fosamax, is defending both groups of cases, there is overlapping discovery.  For example, many documents produced by Merck will be used by plaintiffs in both types of lawsuits.  Therefore, the lawyers at Bernstein Liebhard LLP have been carefully monitoring developments in both litigations.

Deadlines Established In The Fosamax Litigation Case Management Order

According to the order, plaintiff and defendant expert reports are due by November 4, 2011 and December 5, 2011, respectively.  These reports contain the opinions of expert witnesses chosen by both plaintiffs and defendants in order to support their respective claims.  Typically, expert reports state facts and provide detailed explanations in order to justify the experts’ conclusions and opinions.  Experts for both sides are then deposed by opposing counsel.  According to the order, these depositions as well as all expert discovery must be completed by January 9, 2012. In addition to expert discovery, the order outlined deadlines for various motions the parties are entitled to make before trial begins.  These pretrial motions are expected to be argued in early February.  If all progresses as planned in the current scheduling order, on February 27, 2012, these four Fosamax lawsuits will proceed to trial.

FDA Warning Regarding Fosamax Femur Fractures

In October 2010, the FDA issued a Fosamax warning that Fosamax and other bisphosphonates put patients at risk for atypical thigh bone (femur) fractures.**  Since that time, Bernstein Liebhard LLP has provided a wealth of consumer information concerning the risks associated with Fosamax use on its website,  If you or a loved one took Fosamax and sustained a femur fracture, you may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries.

*November 1, 2011 Fosamax Case Management Order


For more information about filing a Fosamax femur fracture lawsuit, contact an attorney at Bernstein Liebhard LLP at (877) 779-1414 or at

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.

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Published November 7, 2011 by