On May 16, 2011, the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) convened at the Gene Snyder U.S. Courthouse in Louisville, Kentucky, to hear oral arguments as to whether Fosamax femur fracture lawsuits pending in federal courts nationwide should be centralized. On March 23, 2011, defendant Merck & Co. filed a motion to centralize the Fosamax femur fracture lawsuits in the U.S. District Court for the District of New Jersey or, in the alternative, the U.S. District Court for the Western District of Louisiana. The lawyers at Bernstein Liebhard LLP are currently investigating claims against the manufacturers of bone drugs, such as Fosamax, and are offering free and confidential legal consultations to individuals who took these bone drugs and fractured their femoral bone.

Recently, Fosamax and similar medications have been the subject of increased scrutiny as numerous studies release findings which substantiate that there is, in fact, a link between Fosamax use and atypical femur fractures. On October 13, 2010 the U.S. Food and Drug Administration (“FDA”) issued a warning that bisphosphonates put patients at risk for atypical thigh bone (femur) fractures. In addition to issuing that warning, the FDA required bisphosphonate manufacturers to change the drugs’ labeling.

Significance of JMPL Order on Future of Fosamax Femur Fracture Lawsuits

The purpose of the JPML hearing is two-fold. First, the panel must determine whether the Fosamax femur fracture lawsuits involve one or more common questions of fact such that the lawsuits should be transferred to one federal district court for coordinated and consolidated pre-trial proceedings. If the panel determines centralization of the Fosamax femur fracture lawsuits is appropriate, then it must assign the cases to a judge and court to conduct proceedings. The lawyers at Bernstein Liebhard LLP have been actively monitoring developments in the Fosamax femur fracture cases. Based on the responses of individual Fosamax femur fracture plaintiffs to Merck’s petition, it is likely that the panel will need to carefully weigh whether consolidation will complicate and delay individual lawsuits or serve to promote judicial efficiency.

Bernstein Liebhard LLP is actively investigating and litigating cases on behalf of clients who have suffered a Fosamax femur fracture. 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.

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

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016

ATTORNEY ADVERTISING. © 2010 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. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information

Felecia L. Stern, Esq.
(877) 779-1414

Published May 18, 2011 by