Wednesday, November 8, 2017

Update On Propecia®/Proscar® Litigation -- 415 Fewer Cases Pending At End Of Q3 2017, Compared To Year End 2016


The current tally of 915 individual US lawsuits is down from 1,330 as of year end 2016 -- quite a significant decline.

It is not at all clear whether Merck is settling with the more meritorious ones, any more than it is clear that these are largely (and simply) people abandoning their claims (i.e., likely the weaker ones). In any event, both the federal MDL and the NJ state MCL look to be on track for March 2018 and April 2018 bellwether trial dates, respectively. See the full SEC filing, beginning at page 18, for the rest of the updates. [If you are so inclined, you may also read the updates on other litigation, inculding one on the Fosamax® federal femur fracture MDL (beginning on page 16).]

. . . .Merck is a defendant in product liability lawsuits in the United States involving Propecia and/or Proscar. As of September 30, 2017, approximately 915 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 20 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 Hyland in Middlesex County. In addition, there is one matter pending in state court in California, one matter pending in state court in Ohio, and one matter on appeal in the Massachusetts Supreme Judicial Court.

The Company intends to defend against these lawsuits. . . .


Now you know. And now. . . I am off-grid, until Tuesday in all likelihood -- keep it spinning in good karma, one and all!

नमस्ते

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