If you've filed a suit against Merck in the Fosamax® ONJ matters, but decided not to accept the offered MDL settlement process and payout, today Merck will seek an order from Judge Keenan requiring "Lone Pine" showings from you, and your attorney. That means submitting doctor's diagnosis and other written proof, in the form of a medical opinion, that your jaw bone injuries are likely the proximate result of taking Fosamax. Let's listen to the firm:
. . . .IMPORTANT UPDATE FOR NON-PARTICIPATING CLAIMANTS:
Merck will be filing no later than June 11 a motion for entry of a Lone Pine Order which will affect only those plaintiffs who have chosen not to opt in to the Fosamax jaw settlement. The Plaintiffs Steering Committee will be taking no position on the Lone Pine motion as more than 95% of all potential claimants have chosen to participate in the settlement. Therefore, counsel for any plaintiff who has not sent her release and dismissal to Merck in order to participate in the settlement and who desires to oppose the Lone Pine motion must file an opposition brief on behalf of his/her client with the Southern District of New York no later than June 18. Again, the PSC will be filing no opposition to the Lone Pine motion. . . .
[Judge Keenan's Order of June 9, 2014:] Merck represents that many of these plaintiffs "have not responded in any way to attempts of their counsel to communicate". . . . The Court grants Merck leave to file the contemplated motion. The motion should be made by Wednesday, June 11, 2014, and notice of the motion should be served to the attorneys of the affected plaintiffs on that date. The motion should include example Lone Pine orders from other actions where the court entered the order for the purpose Merck recommends here, i.e., as a prelude to the dismissal of unresponsive plaintiffs during settlement. It should also include a list of all plaintiffs to whom the contemplated Lone Pine order would apply, and their attorneys of record. Counsel for those affected plaintiffs are directed to respond, whether they oppose the motion or not, by Wednesday, June 18, 2014. Where a plaintiff's attorney represents that he or she has been unable to reach a plaintiff, the response should set forth precisely what steps have been taken to locate those plaintiffs and communicate with them regarding participation in the settlement. . . .
With more than 95 per cent of all ONJ plaintiffs in -- it would sure seem to make sense to talk to your lawyer about joining the settlement. But you must act quickly. See the firm's website. I am in no manner affiliated with, or compensated by that firm -- just to be clear. But (as I said a bit ago) they are doing a real service here.
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