On May 23, 2011, the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) ordered that all Fosamax femur fracture lawsuits pending in federal courts be consolidated and centralized in the U.S. District Court for the District of New Jersey and assigned to the Honorable Garrett E. Brown, Jr.  The JPML reached this decision after hearing oral arguments from both sides on May 16, 2011.  Merck originally filed a petition to consolidate the Fosamax femur fracture lawsuits on March 23, 2011.

Basis for Forming a Fosamax Femur Fracture MDL

The JPML stated that its decision to grant Merck’s request to form a Fosamax femur fracture MDL was based on the fact “that over 40 actions are pending in fourteen districts before fourteen judges, [therefore] centralization is warranted and will eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary.”?  The JPML rejected plaintiffs’ oppositions regarding the formation of a Fosamax femur fracture MDL, finding that discovery and pretrial proceedings in those Fosamax femur fracture lawsuits are still in the nascent stages.  Additionally, the JPML determined that the District of New Jersey is the appropriate forum for the Fosamax femur fracture MDL because of the “number of cases pending there and the length of time some of those actions have been pending.  The headquarters, witnesses and documents of the common defendant, Merck, are located within the District of New Jersey, and nearly two-thirds of the pending actions are already in this district before a single judge.”?  Furthermore, the JPML determined that the District of New Jersey is an appropriate venue because of its close proximity to hundreds of Fosamax femur facture lawsuits pending in New Jersey state court.

Fosamax Femur Fracture Lawsuits

If you or a loved one sustained an atypical femur fracture as a result of Fosamax use, you may be able to file a 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