Well, we know that Graves will be the next Fosamax® ONJ bellwether case tried in the federal courts -- in Manhattan (beginning November 1, 2010), but don't forget that -- according to Merck's most-recent Form 10-Q SEC filing -- the New Jersey State Supreme Court has ordered that a single state court judge, one Judge Higbee, sitting in Atlantic County Superior Court, will handle all of the 219 New Jersey state law cases (that figure as of March 31, 2010 -- there are likely more, now) alleging jaw injury from Fosamax, in a mass tort process -- for discovery purposes, and to try the first few cases as bellweathers, akin to the federal schema now underway in Manhattan, before Judge Keenan. From Merck first quarter 2010 SEC Form 10-Q, pages 56 to 57, then:
In. . . July 2008, an application was made by the Atlantic County Superior Court of New Jersey requesting that all of the Fosamax cases pendingin New Jersey be considered for mass tort designation and centralized management before one judge in New Jersey.
As of March 31, 2010, approximately 219 cases were pending against Old Merck in the New Jersey coordinated proceeding. . . .
Judge Higbee advised that the first Fosamax trial in the New Jersey coordinated proceeding. . . [has been given] a tentative trial date of September 27, 2010. . . .
If the current schedule holds, then (i.e., no global settlement is reached) it will be a very busy fall for Messrs. Beausoliel and Strain -- on behalf of Merck.
I'll keep you posted, but after tonight's $8 million verdict -- the number of filings is sure to increase.
No comments:
Post a Comment