Judge Higbee Will Preside Over Joint Trial Of Unanski v. Merck Case And Su v. Merck Case; These Two Lawsuits Will Be Tried Together But With Separate Jury Verdicts
UPDATE: The first bellwether case trial in the federal court Fosamax - femur fracture MDL is scheduled to start on April 8, 2013. The case is Glynn v. Merck, with federal district court judge Judge Joel Pisano presiding.
UPDATE: On March 18, 2013 Judge Higbee declared a mistrial in the Su v. Merck trial due to the plaintiff's health and her inability to proceed with the trial.
UPDATE: In the morning of March 15, 2013 Judge Higbee decided to ALLOW the live broadcast of the Su v. Merck trial by Courtroom View Network (CVN). Coverage started this morning and is currently ongoing, which will allow us to report periodically on the progress of this first femur fracture trial, as it is a significant event in drug injury litigation. To be clear, we do not represent the plaintiff, Christina Su, nor do we have any affiliation with her attorneys, and we do not represent Merck, nor do we have any affiliation with its attorneys.
UPDATE: "Merck Hid Fosamax’s Bone-Weakening Risks, Lawyer Contends" (Bloomberg, 3/12/13)
The case is Su v. Merck & Co., ATL-L-0789-11-MT, Superior Court of New Jersey (Atlantic City).
UPDATE: On March 11, 2013 Judge Higbee decided not to allow the live broadcast of the Su v. Merck trial by Courtroom View Network (CVN).
UPDATE: "Statement on FOSAMAX® (alendronate sodium) Product Liability Trial [Su v. Merck]" (Merck Press Release, 3/11/13)
UPDATE: The start date for the Su v. Merck trial has been pushed back to March 11, 2013.
According to the recently filed 2012 Merck Annual Report, there were 2,075 Fosamax - femur fracture lawsuits filed in the New Jersey state court system as of December 31, 2012.
UPDATE: Late last week Judge Higbee severed the Unanski v. Merck case and Su v. Merck case that were to be tried jointly. Then Judge Higbee decided that the Su v. Merck case will be the first Fosamax - femur fracture trial, with the Unanski case to be scheduled for trial later in time.
In the long-awaited "second-round" of the Fosamax products liability litigation against Merck, the first femur fracture trial is scheduled to start two weeks from today in the New Jersey Superior Court Atlantic County Civil Courthouse, with Judge Carol Higbee presiding. The initial round of Fosamax lawsuits involved jaw injury cases such as osteonecrosis of the jaw (ONJ).
In more detail, on September 27, 2012 Judge Higbee selected the Unanski v. Merck case and Su v. Merck case to be tried jointly. According to corporate filings by Merck, as of September 30, 2012 approximately 1,740 Fosamax - femur fractures lawsuits had been filed against the drug company in the New Jersey state court system.
Earlier in time the attorneys for plaintiffs and the attorneys for Merck had selected an initial group of 30 cases to serve as possible "bellwether" or test cases, and those limited number of cases went through the fact discovery process. The Unanski v. Merck case and Su v. Merck case were among that group.
Strictly Confidential, No Obligation.
Recently, Judge Higbee granted permission for this first trial of two New Jersey Fosamax - femur fracture cases to be broadcast live. Courtroom View Network (CVN) will be showing / streaming "live" over the internet all of the courtroom proceedings of this Unanski v. Merck and Su v. Merck joint trial.
Just as when Courtroom View Network (CVN) had cameras webcasting the Sessner v. Merck ONJ jaw injury trial from Judge Higbee's courtroom back in March 2012, this remote access will allow me to view and report on the Unanski / Su Fosamax trial without having to actually be there -- like I did during the Sessner trial.
If you are interested in following the significant developments for this upcoming New Jersey Unanski v. Merck and Su v. Merck joint Fosamax trial before Judge Higbee, but sure to check back here from time to time starting on March 4.
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