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Rottenstein Law Group Anticipating Multidistrict Litigation of Federal Fosamax Femur Fracture Lawsuits


(New York, NY, April 18, 2011) The Rottenstein Law Group, which represents clients with claims stemming from the severe side effects caused by the drug Fosamax, is anticipating the consolidation of federal lawsuits against Merck, the manufacturer of Fosamax, into a single Multidistrict Litigation (MDL) for pre-trial proceedings, at the request of the company.
In October, 2010, the U.S. Food and Drug Administration issued a warning about Fosamax, stating that the drug causes atypical low-impact femur fractures to occur in patients taking it, or other bisphosphonates. Subsequently, dozens of lawsuits were filed against Merck in various federal courts. The suits allege that Merck failed to conduct adequate testing of the drug, among other failures, and then neglected to warn consumers of its dangers.
On March 23, 2011, Merck requested the Judicial Panel on Multidistrict Litigation to consolidate all federal Fosamax lawsuits into a single MDL proceeding for purposes of pre-trial discovery. Merck is located in New Jersey, and requested that the panel send all lawsuits to United States District Judge Garrett Brown of the United States District Court for the District of New Jersey, where many of the existing lawsuits are already pending. As an alternative, Merck proposed the United States District Court for the Western District of Louisiana, presided over by United States District Judge Rebecca Doherty.
MDL is an option that allows for greater efficiency when handling numerous lawsuits by different plaintiffs against one defendant or a common group of defendants. Unlike a class action lawsuit, MDL does not distribute equal damages to all parties involved; instead, it consolidates all pre-trial disclosures and eliminates inconsistent pre-trial rulings by multiple judges. In effect, MDL speeds up the litigation process for all involved, and gives plaintiffs the ability to maintain their individual lawsuits to take their cases to trial separately if they choose to do so.
Merck is currently an MDL defendant in cases alleging that Fosamax causes osteonecrosis of the jaw (ONJ). The cases of more than 900 plaintiffs were consolidated via MDL in a New York federal court. These lawsuits date back to 2006, with the court excluding femur fracture claims due to their cause allegedly differing from that of ONJ.
The Rottenstein Law Group advises anyone with a friend or family member who has been prescribed Fosamax or another osteoporosis drug to recommend to that person that he or she consult a physician immediately, then speak to a qualified personal injury lawyer. The Rottenstein Law Group lawyers have a total of more than 25 years of experience fighting for the rights of clients who have suffered harm due to the negligence of powerful corporations. Affected individuals are advised to keep apprised of the latest news concerning the Fosamax femur fracture lawsuits by checking the Fosamax Lawsuit Information Center for updated information. The site is equipped with social media features which will enable users to spread the word about the dangers of Fosamax.
About the Rottenstein Law Group
The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, a lawyer with over two decades of experience in compassionate representation of clients in consumer product injury, mass tort, and class action law suits. For more information, please visit their Web site, or call (888) 9-ROT-LAW.



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