We have some information about the arguments being made by the plaintiffs’ attorneys and the lawyers for the drug company, Merck, in one of the pending appeals, now. But we do not have any rulings by the federal appellate court, yet.

What is at issue in that one appeal is what has come to be called in legal circles as “impossibility preemption”. And this relatively new defense argument is not unique to the Fosamax – femur fracture litigation.

Essentially, the drug companies argue that at some time in the past — which is now the focus of a current pharmaceutical products liability case — it was impossible for them to add the now-controverted side effect warning without FDA approval, and therefore the plaintiffs’ drug injury claims are preempted by federal law.

As regards the Fosamax – femur fracture litigation, our source for what the respective parties reportedly argued to the United States Court of Appeals for the Third Circuit is the publication Law360, which is available by paid subscription only. As such, the excerpts below are short.

First, from this December 22, 2015 Law360 report, “Fosamax Users Rip Merck’s Fracture Warnings In 3rd Circ.”:

Osteoporosis sufferers pushing the Third Circuit to revive allegations that Merck failed to warn of painful leg fractures linked to its drug Fosamax disputed on Monday that the company had proposed stronger warnings only to be rebuffed by federal regulators.

The Fosamax users told the court that, contrary to claims by Merck Sharp & Dohme Corp. and the Pharmaceutical Research and Manufacturers of America, the drugmaker had in fact suggested alterations to its labels that the U.S. Food and Drug Administration found to be inadequate….

Second, from this January 11, 2016 Law360 report, “FDA Forbade Fosamax Warnings, Merck Tells 3rd Circ.’:

Merck told the Third Circuit on Monday that the U.S. Food and Drug Administration prohibited it from warning patients about the risk of its osteoporosis drug Fosamax causing irregular hip fractures, saying there is clear evidence the agency blocked a proposed warning.

Merck Sharp & Dohme Corp. argued a U.S. Supreme Court ruling [in Wyeth v. Levine] barred claims like those brought by Fosamax users over Merck’s alleged failure to warn of painful leg fractures associated with the drug….

Be assured that we are watching for rulings by the Third Circuit on the pending appeals in this federal court Fosamax – femur fracture MDL.

[Read this article in full at original source]

_____________________________________________________________________

Fosamax / Boniva / Actonel
Free Case Evaluation
Strictly Confidential, No Obligation

______________________________________________________________________

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.

[Read this article in full at original source]

_____________________________________________________________________

Fosamax / Boniva / Actonel
Free Case Evaluation
Strictly Confidential, No Obligation

______________________________________________________________________

Federal Court Fosamax MDL Reassigned From Judge Pisano To Judge Wolfson While We Wait For Appellate Court To Rule On Appeals From Glynn And Gaynor Case Rulings

 
SUMMARY: In early April 2015 a California jury sided with Merck, i.e., defense verdict, in this Fosamax – femur fracture lawsuit, Galper v. Merck.

Meanwhile, in the federal court Fosamax MDL, on March 10, 2015 Judge Freda Wolfson was appointed to replace Judge Joel Pisano. Otherwise, the federal court Fosamax 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.

As for the current status of the New Jersey Fosamax lawsuits consolidation, it appears that Middlesex County Judge Jessica Mayer is content on waiting for the federal appellate court rulings to be issued. Perhaps she will surprise us, however, and finally have a long-overdue trial for the Unanski v. Merck case, for example.

And for the number of Fosamax femur fracture lawsuits as of March 31, 2015:

• 515 cases have been filed in California state court;
• 1,040 were pending in the Fosamax femur fracture MDL in federal court; and,
• 3,050 cases have been filed in New Jersey state court.

Lastly, the results of two more California femur fracture trials scheduled for July 2015 and October 2015 are much anticipated.

[Read this article in full at original source]

_____________________________________________________________________

Fosamax / Boniva / Actonel
Free Case Evaluation
Strictly Confidential, No Obligation

______________________________________________________________________