Drugs & Medical Devices
Fosamax
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Federal judge wants to hold two more bellwether Fosamax trials before making a decision
Feb. 2011, Federal judge John F. Keenan declared that he wants to see two more bellwether Fosamax trials before making a decision about whether or not to send the rest of the Fosamax cases back to their original courts. There are currently over 900 Fosamax cases that have been consolidated into federal court. Three have gone to trial so far with two vertices in Merck & Co.’s favor. In one case, the court awarded the plaintiff $8 million for developing osteonecrosis of the jaw because of Fosamax use. Many similar cases exist including cases that involve femur fracturing as a result of taking Fosamax.
The two bellwether cases are scheduled for the Spring of 2010 – one in March and the other in May.
The judge may also appoint someone to aid in the facilitation of the litigation settlements.
One of the bellwether cases involves a person who took Fosamax and suffered one of the drug’s debilitating side-effects before the changes were made to the warning label. The other case involves someone injured after the label changes.
These cases will help decide the future outcome of Fosamax cases of the same kind.
“We’re happy to try these cases because the jury will see Merck was the only company to change and water down the warning the FDA proposed,” said a lawyer representing the plaintiffs.
A Merck spokesperson added that “The company [Merck] is prepared to vigorously defend these cases in court…We continue to believe the company acted responsibly in researching and developing Fosamax and in monitoring the medicine since it has been on the market, and that the company provided appropriate and timely information about Fosamax to the medical, scientific and regulatory communities and to consumers,” (Wall Street Journal).
What is a bellwether case?
A bellwether case is a case that determines the outcome of other similar cases by setting precedent. Usually, if there are many cases expected to go to trial against one party, the verdict of one case can set a precedent of how the other cases should be handled. If the defendant in a bellwether case is found guilty, all of the other similar cases against that defendant automatically result in the same verdict (Uslegal.com).
In this case with Fosamax, if Merck losses these two bellwether cases, it will provide relief to the hundreds of victims of Fosamax injuries.
Weitz & Luxenberg can help your case
Anyone that has been injured by Fosamax has the right to pursue compensation for their losses. Weitz & Luxenberg is prepared to help an individual who sustained a femur fracture from taking Fosamax. The risk of femur fracturing from Fosamax is a side-effect that was not properly disclosed to the public. Weitz & Luxenberg’s skilled team of lawyers is familiar with this problem, and can help those seeking financial compensation.
To get started, simply fill out the form on this page. After submitting the form, a representative from Weitz & Luxenberg will contact you shortly. He or she will provide you with a free, no obligation, legal consultation on your Fosamax case. There is no need to delay. Contact Weitz & Luxenberg to get started on your way to financial compensation.
Sources:
http://blogs.wsj.com/health/2008/06/04/side-effect-watch-femur-fractures-in-fosamax-patients/
http://definitions.uslegal.com/b/bellwether-case/
see also:
Fosamax news: Bellwether
Fosamax news: judge orders two more Fosamax bellwether casesJudge wants two more bellwether Fosamax cases
JAMA study confirms Fosamax fracture risk
JAMA publishes study confirming increased risk of femur fractures for older women taking FosamaxJAMA publishes study citing increased femur fracture risk for women taking Fosamax
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