On March 23, 2011, Merck filed a petition to centralize all federal Fosamax femur fracture lawsuits it is currently defending. In its petition, Merck requested that the U.S. Judicial Panel on Multidistrict Litigation form an MDL to consolidate the Fosamax femur fracture lawsuits before one judge for pre-trial discovery. Currently, Merck is defending over 900 additional lawsuits in the Southern District of New York alleging that Fosamax caused osteonecrosis of the jaw (“ONJ”). These Fosamax lawsuits were consolidated into a separate MDL in 2006. The Fosamax femur fracture lawsuits at issue here were not included in the original MDL due to differing causation issues related to the separate Fosamax injuries. If the panel agrees to form a femur fracture MDL, defendants have asked that the cases be consolidated before Judge Garrett Brown in the U.S. District Court for the District of New Jersey.

Allegations Involved in the Fosamax Femur Fracture Lawsuits

Currently, there are over 100 individual Fosamax femur fracture lawsuits pending against Merck – 36 of these complaints have been filed in federal court. The plaintiffs filing these Fosamax femur fracture lawsuits have alleged that Merck failed to warn consumers that Fosamax use leads to femur fractures. Specifically, plaintiffs allege that their long-term use of Fosamax caused them to sustain atypical femur fractures. If the U.S. Judicial Panel on Multidistrict Litigation grants Merck’s request, all of the federal Fosamax femur fracture lawsuits will be consolidated and centralized for pre-trial purposes.

Fosamax cases have also been filed in state courts, including New Jersey and California. All of the Fosamax cases filed in New Jersey state courts have been consolidated into a state mass tort program (“MTP”). Similar to a federal MDL, this tool transfers, consolidates and coordinates cases before one state court judge. However, unlike the federal MDL in the Southern District of New York, the New Jersey MTP includes both ONJ and femur fracture lawsuits relating to Fosamax use. Recently, one of the ONJ related cases went to trial. None of the femur fracture cases, either in state or federal court, have gone to trial.

Fosamax Femur Fracture Lawsuits

If you or a loved one sustained a femur fracture as a result of Fosamax use, you may be able to file a Fosamax femur fracture lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more. Contact one of our Fosamax lawyers today for a free and confidential evaluation. The lawyers at Bernstein Liebhard LLP have extensive litigation experience, and have recovered billions of dollars for their clients. In addition to being staunch advocates for your claim, our Fosamax injury lawyers also provide personal attention to guide you through the complex litigation process.

Published November 17, 2011 by