Unfortunately, little has changed since our last Fosamax litigation update back in mid-June 2015.
The federal court Fosamax MDL lawsuits are in an apparent “holding pattern” while the parties wait for the appellate court to issue rulings on two appeals regarding the Fosamax label, or package insert, information about the femur fracture side effect. And for the New Jersey state court Fosamax lawsuits, it appears that the presiding judge is content on waiting for the federal appellate court rulings to be issued.
We can share a bit of new, updated information, which we found in Merck’s Form 10-Q SEC filing for the quarterly period ended June 30, 2015:
As of June 30, 2015, approximately 1,040 cases were pending in the Femur Fracture MDL including the 500 cases dismissed with prejudice on preemption grounds which are pending appeal and the 520 cases dismissed without prejudice…..
As of June 30, 2015, approximately 3,095 cases alleging Femur Fractures have been filed in New Jersey state court and are pending before Judge Jessica Mayer in Middlesex County….
As of June 30, 2015, approximately 510 cases alleging Femur Fractures have been filed in California state court…. There are presently no trial ready cases in California.
And as regards that last point, as regards the federal court MDL and New Jersey Fosamax litigations we can report that there are no trials scheduled in either court at the present time.
We may have more to report about developments as regards the Fosamax – femur fracture lawsuits by the end of the year. And we certainly hope that we will be bringing you good news then — such as successful federal court appeals and scheduled trial dates in the MDL, New Jersey, and California.
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