Thursday, February 28, 2013

Lone Pine Deadline Only Missed In About 45 "Atypical" Fosamax® Cases, Thus Far


If you've been paying attention, here -- you'll likely recall that last week we mentioned the passing of an important deadline for plaintiffs whose surnames start with A though I. Merck has filed its list of the plaintiffs it thinks haven't filed the required papers -- and the outcome doesn't look too terrible, overall, for plaintiffs' side.

The actual number of plaintiffs potentially affected by the missed deadline is around 220 or so, though -- as several of the individual case numbers list dozens of plaintiffs, each.You can inspect the full spreadsheet listing here (a 7 page PDF file). Even so, based on this preliminary data, it would seem that not too many of the atypical Fosamax® cases will be bounced for lack of a doctor's report on injury and causation. Remember, there are now well over 4,000 Fosamax cases pending, so even if it triples, as the remaining two (J through R, and S through Z) deadlines pass -- it will still mean that over 3,500 cases will remain open, viable and pending.

And, as long as we are updating litigation -- I'll note that in other litigation, it now appears that by about March 27, 2013 the $688 million federal ENHANCE Securities Class Action settlement agreement ought to be be finalized, and made available to the public, at the PACER filing desk in Newark's federal District Courthouse. This updated timeline information comes from a letter filed in that litigation overnight.

As ever, we will keep you updated.

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