Friday, February 22, 2013

A Through I "Lone Pine" Expiration: In Fosamax® MDL Was. . . Wednesday

I mentioned these looming Lone Pine deadlines, back on January 18, 2013 -- right here. Now one has elapsed -- let's hope no truly injured person's rights were lost, here.

So, if any US Fosamax® plaintiff is claiming a "non-typical" injury from Fosamax (i.e., not jaw bone death, or ONJ as it is sometimes called), Wednesday of this week was the last day to submit a doctor's report averring to the non-typical injury -- for all plaintiffs whose last names begin with an A through I. These reports must cover, among other things, evidence from a doctor as to whether the doctor believes to a reasonable degree of medical certainty that Fosamax caused the alleged injury, and if so, the factual and medical/scientific bases for that opinion.

And as a reminder, plaintiffs with last names J through R must so submit by April 22, 2013.

The very-able Judge John F. Keenan, in the federal District Courthouse in Manhattan, entered the following order, overnight:

. . . .Noting that the first deadline set forth in the Court's Lone Pine order, which pertained to cases in which the surname of the first named Plaintiff begins with the letter A through I, elapsed yesterday (February 20, 2013), the Court orders Merck to supply a list of the Plaintiffs who have failed to provide the information required. This list is due to the Court no later than March 7, 2013.

(Signed by Judge John F. Keenan on 2/21/2013). . . .

Plaintiffs with last names S through Z must submit reports by June 20, 2013 -- just FYI.

No comments: