On the 23rd of September, federal District Court Judge John F. Keenan ordered (upon the agreed selections of each side) that these two additional "bellwether" Fosamax® ONJ cases -- Secrest (Case No. 06-cv-06292), and Hester (Case No. 06-cv-9450) -- be set for trial. We had earlier reported that this accelerated selection mechanic was put into play, here.
From the order, then:
. . . .The Court has received letters on behalf of the Plaintiffs' Steering Committee, dated September 17, 2010, and on behalf of Merck, dated September 17, 2010, setting forth their bellwether trial selections.
The Plaintiffs' Steering Committee has selected Secrest v. Merck & Co., Inc., 06-cv-06292, which is hereby scheduled for trial on March 14, 2011. Merck has selected Hester v. Merck & Co., Inc., 06-cv-9450, which is hereby scheduled for trial on May 9, 2011.
So Ordered. (Signed by Judge John F. Keenan on September 23, 2010). . . .
Next case up? Graves, at the end of October 2010. There are well-over 1,000 "jaw-bone death" cases pending around the nation now.
Perhaps ominously, we are seeing just the beginnings of a new class of Fosamax cases -- these newer ones alleging atypical "stress" femur fractures. They are just starting to emerge, as the scientific evidence starts to pile up, here and in Europe.
We will keep you up-to-date. [And, perhaps immodestly, I will point out that -- as of midday on Sunday, September 26, 2010 -- I have scooped the actual Fosamax MDL lawyers' site, by getting this news out. Those guys are making millions to keep track of this stuff. Me? Not so much.]