The number of Fosamax cases filed in the country against Merck, the maker of Fosamax, has continued to grow. The main injures in these cases are femur fracture and osteonecrosis of the jaw. Multidistrict Litigation courts (MDLs) have been set up in N.J. and in N.Y. to handle these injuries separately.
Some 4,100 cases of people claiming femur fracture as a result of Fosamax have been filed in the N.J. MDL and in state courts. More than 1,000 of them have been filed in the Fosamax Femur Fracture MDL.
Judge Joel Pisano of the U.S. District Court for the District of New Jersey has set May 2014 for the bellwether trial of one femur fracture case.
More than 2,500 cases alleging Femur Fractures have been filed in New Jersey state court and are pending before Judge Higbee in Atlantic County Superior Court. The next trial there is scheduled to begin in March 2014. Roughly 500 cases alleging Femur Fractures have been filed in California state court.
Merck won at least one of the Fosamax trials on federal preemption grounds, but plaintiffs have also won jury trials against Merck over Fosamax; so this litigation will likely continue into several more trials before any sort of settlement can be reached, if one is ever reached, to bring justice to the thousands of people injured by Fosamax.