Consumer Lawyers

Additional Trial Dates For Fosamax Lawsuits Scheduled For February 2012

In Uncategorized on November 19, 2011 at 11:49 pm

Carol E. Higbee, who is overseeing the consolidated Fosamax lawsuits, In re: Fosamax Litigation (No. 282 NJ. Super. Ct.)) pending in the Superior Court of New Jersey, Atlantic County, issued a Case Management Order regarding four Fosamax lawsuits.* Because Fosamax side effects include femur fractures and osteonecrosis of the jaw, both types of lawsuits have been consolidated into one mass tort action. On November 1, 2011, Judge Higbee ordered that the group of Fosamax lawsuits alleging that Fosamax caused plaintiffs to develop osteonecrosis of the jaw will proceed to trial on February 27, 2012. In issuing the Case Management Order, Judge Higbee outlined detailed deadlines that both plaintiffs and Merck, the defendant in the Fosamax litigation, must adhere to in anticipation of the February 2012 trial date. Although the Fosamax femur fracture lawsuits have been consolidated with lawsuits alleging that Fosamax caused osteonecrosis of the jaw, none of the femur fracture lawsuits have gone to trial yet. Judge Higbee is trying the osteonecrosis of the jaw cases first; trials for the Fosamax femur fracture lawsuits will follow. Because Merck, the manufacturer of Fosamax, is defending both groups of cases, there is overlapping discovery. For example, many documents produced by Merck will be used by plaintiffs in both types of lawsuits. Therefore, the lawyers at Bernstein Liebhard LLP have been carefully monitoring developments in both litigations.

Deadlines Established In The Fosamax Litigation Case Management Order

According to the order, plaintiff and defendant expert reports are due by November 4, 2011 and December 5, 2011, respectively. These reports contain the opinions of expert witnesses chosen by both plaintiffs and defendants in order to support their respective claims. Typically, expert reports state facts and provide detailed explanations in order to justify the experts’ conclusions and opinions. Experts for both sides are then deposed by opposing counsel. According to the order, these depositions as well as all expert discovery must be completed by January 9, 2012. In addition to expert discovery, the order outlined deadlines for various motions the parties are entitled to make before trial begins. These pretrial motions are expected to be argued in early February. If all progresses as planned in the current scheduling order, on February 27, 2012, these four Fosamax lawsuits will proceed to trial.

Read more:

Leave a Reply

Please log in using one of these methods to post your comment: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: