Sunday, December 5, 2010

More Fosamax® ONJ Case Scheduling: Trial Begins May 9, 2011 -- Hester v. Merck

Here's the rundown on the pending Hester Fosamax® ONJ bellwether case, now scheduled to follow promptly after the Secrest Fosamax® ONJ case -- in lower Manhattan's federal district courts, all as signed by Judge Cavanaugh (as of last Thursday evening):


Carolyn Hester ("Plaintiff') and Merck Sharp & Dohme Corp, formerly known as Merck & Co., Inc. ("Merck" or "Defendant"), offer the following Joint Pre-Trial Scheduling Order.


Plaintiff will serve her Rule 26(a)(2) disclosures by January 10, 2011. Defendant will serve its Rule 26(a)(2) disclosures by February 7, 2011. Defendant will take Plaintiff's experts' depositions by February 14, 2011. Plaintiffwill take Defendant's experts' depositions by March 7, 2011.


The deadline for case-specific Daubert and summary judgment motions is March 28, 2011, with oppositions due by April 11, 2011, and replies due by April 18, 2011. Memoranda of law in support of or in opposition to the motions will be subject to a page limit of twenty-five (25) pages and replies will be subject to a page limit of ten (10)pages. Oral argument on the motions will be held at a time to be determined by the Court.


Unless directed otherwise, the parties should be prepared to begin each day at 9:45 a.m. Jury selection and opening statements are scheduled to take place on May 9, 2011. In the event that opening statements do not take place on May 9th because of the length of jury selection or otherwise, opening statements shall take place the following day, May 10th. Thereafter, Plaintiff and Defendant shall each have six trial days to present their case, with the case continuing day to day until its conclusion. The day after Defendant closes its case, the Court shall conduct its charge conference. On either the day of the charge conference or the following day, the parties shall close, the Court shall give its jury charge, and the case shall be presented to the jury. . . .

As ever, we will keep you posted -- but we continue to wonder whether Lilly's Forteo® might be of some real benefit to these women (by employing a different chemical mechanism of action) -- even now, all these years later.

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