Thursday, January 16, 2014

UPDATE: Federal Fosamax® ONJ MDL -- Not Likely To Be Remanded, Now

Early this week, the plaintiffs' steering committee of lawyers gathered in Atlanta, Georgia -- and all agreed that they would support the proposed federal Fosamax® ONJ settlement. This settlement doesn't cover femur fracture claims, and it won't cover anyone who hadn't already filed suit by December of 2013. [Backgrounder here.]

Just the same, it is welcome news. Assuming Merck feels $27.7 million is a fair number, some time in May of 2014, notices will go out, with payments in the fourth quarter of 2014.

It could still unravel for a host of reasons, and each claimant will have to submit the below information, to be paid on a grid, depending on severity of the problem -- but I expect the deal will get done. See below:

So, if you are a Fosamax ONJ claimant, get in touch with your lawyer. You need to take action. To be clear, this proposed settlement doesn't over other makers' drugs in the same class, however.

. . . .All Jaw Cases in Suit or Under Contract as of December 10, 2013

Osteonecrosis of the Jaw

• Diagnosis in Records OR
• 8 Weeks of Bone OR
• Rule 26 Expert Report by Board Certified Oral & Maxillofacial Surgeon
• AFTER at least 3 Months of Fosamax Use Documented in Pharmacy Records. . . .

Evidence Stipulation Requires That Claimant Gives Everything Showing ONJ to the Eligibility Committee
– No “Sandbagging” the Handicap
– Does Not Impact ONJ Diagnoses Which Occur Subsequent to Settlement Submissions
– Allows Claimant to Resubmit to Compensability Gate if Additional Evidence Received Showing ONJ

But Must Be Submitted During the Compensability Gate Process Period. . . .

We will keep you posted. Go get legal advice if the above seems unclear to you. As our sidebar indicates, we cannot give legal advice here -- consult your chosen professional.

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