Update: Fosamax Litigation Hearing Held in New Jersey State Court
On May 26, 2011, Judge Carol E. Higbee, who is presiding over the consolidated Fosamax femur fracture and osteonecrosis of the jaw (“ONJ”) litigation, held a status conference in the Superior Court of New Jersey, Atlantic County. In addition to 185 lawsuits filed by individuals claiming that their Fosamax use caused them to sustain ONJ, there are 167 Fosamax femur fracture lawsuits pending. During the hearing, Judge Higbee addressed issues such as exchanging discovery materials and the taking of depositions in the Fosamax femur fracture lawsuits.
Anticipated Timeline for Fosamax Femur Fracture Lawsuits in New Jersey
During the conference, Judge Higbee stated that she hopes to try a group, or at the very least, one of the Fosamax femur fracture lawsuits next spring. She noted that while discovery in the Fosamax femur fracture lawsuits is still in its infancy, many of the ONJ documents used in those cases will overlap and are relevant to the Fosamax femur fracture lawsuits. While there is a degree of overlap, counsel involved in the Fosamax femur fracture lawsuits noted that there have been supplemental requests dealing solely with Fosamax and femur fractures. Defense counsel is in the process of responding to those requests. Regarding discovery of documents, Judge Higbee made clear that relevancy is not a basis for withholding documents. Clarifying that statement, Judge Higbee stated that documents that refer to Fosamax are relevant or could lead to relevant information and must be produced. She reminded counsel that New Jersey has very broad discovery rules.
Additionally, during the hearing it was noted that plaintiffs in the Fosamax femur fracture lawsuits will begin being deposed in August 2011 and the treating physicians in September and October 2011, so that the Fosamax femur fracture lawsuits will be ready for trial in early 2012.
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 Fosamax femur fracture lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more. Contact one of our Fosamax femur fracture 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.