Thursday, September 3, 2009

Long "Freight Train" of Fosamax® Cases, Headed to Trial -- Now Pulling Out of Whitehouse Station. . . .


Even as we wait for the jury to complete its work, on the first of these, Judge Keenan has signed an order overnight, setting what looks to be the beginning of a very-long line of freight-train cars -- cases, that is -- rolling slowly toward trial, involving Merck's Fosamax®, and claims of its exacerbation of ONJ, or jaw bone death:

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ORDER
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. . . .The trial of Bessie Fleming v. Merck & Co. Inc., No. 1:06-cv-07631-JFK, will commence on January 5, 2010, instead of the date previously scheduled, December 1, 2009.

The trial of Louise H. Maley v. Merck & Co. Inc., No. 1:06-cv-04110-JFK, will commence on April 19, 2010, instead of the date originally scheduled, January 11, 2010. [Obvious year (2010 substituted for 2009) typo corrected -- Ed.]

Paragraphs 3.2 and 3.3 of CMO No. 15 are hereby amended to reflect these changes.

/s/ Judge John F. Keenan
September 2, 2009

Filed In Associated Cases: 1:06-md-01789-JFK-JCF, 1:06-cv-04110-JFK, 1:06-cv-07631-JFK(db). . . .

These first three "bellweather" cases are like a test-drive -- if things go poorly for Merck here on this first one (or any of the first three, actually) -- watch out.

The likely consolidated settlement values will rise, and rise significantly, on all the other roughly 1,200 pending cases.

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