Wednesday, March 1, 2017

Roughly 70 Fewer Federal MDL Propecia®/Proscar® Cases Are Pending -- At 2016 Year End, Compared To 2015.

And, among the smaller bolus of cases that also allege a cancer connection of one sort or another, there are ten fewer -- down to 50 -- from 60, at this time last year.

I suspect most of these intervening dismissals are related to the issues we've discussed here, in the second half of 2016 -- but there is no way to be sure. In any event, here's the latest, from page 102 of the SEC Form 10-K filed last evening:

. . . .As previously disclosed, Merck is a defendant in product liability lawsuits in the United States involving Propecia and/or Proscar. As of December 31, 2016, approximately 1,330 lawsuits have been filed by plaintiffs who allege that they have experienced persistent sexual side effects following cessation of treatment with Propecia and/or Proscar. Approximately 50 of the plaintiffs also allege that Propecia or Proscar has caused or can cause prostate cancer, testicular cancer or male breast cancer. The lawsuits have been filed in various federal courts and in state court in New Jersey. The federal lawsuits have been consolidated for pretrial purposes in a federal multidistrict litigation before Judge Brian Cogan of the Eastern District of New York.

The matters pending in state court in New Jersey have been consolidated before Judge Jessica Mayer in Middlesex County. In addition, there is one matter pending in state court in California, one matter pending in state court in New York, and one matter pending in state court in Ohio. The Company intends to defend against these lawsuits. . . .

Now you know. As (seemingly appropriately) in silence we travel on foot, on this dark-cloud covered. . . Ash Wednesday. Only the penitent man shall pass. . . .


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