Merck Corporate SEC Filing for First Quarter 2014 Provides Information About Numbers Of Lawsuits In Various Court Jurisdictions Being Worked Up For Some Possible Trials In The Future
UPDATE: On March 22, 2017 the Third Circuit Court of Appeals reversed the dismissal by U.S. District Court Joel Pisano of all the pending federal court Fosamax - femur fracture cases nationwide on federal preemption grounds. The Third Circuit significantly held that the ultimate question of whether the FDA would have rejected a Fosamax label change by Merck for the increased risk of femur fractures is a question of fact for the jury, rather than for the court, to decide.
We have our first 2014 update from Merck on the Fosamax - femur fracture litigation.
From the Merck SEC Form 10-Q for the quarterly period ended March 31, 2014 (at page 19 of PDF document):
- [In the Fosamax Femur Fracture MDL] Judge Pisano set a May 5, 2014, trial date for the bellwether trial of a case in which the alleged injury took place after January 31, 2011. Following the completion of fact discovery, the court selected Sweet v. Merck as the next Fosamax Femur Fracture MDL case to be tried on May 5, 2014, but plaintiffs subsequently dismissed that case. As a result, the May 2014 trial date was withdrawn.
- As of March 31, 2014, approximately 2,785 cases alleging Femur Fractures have been filed in New Jersey state court and are pending before Judge Higbee in Atlantic County Superior Court.
- As of March 31, 2014, approximately 525 cases alleging Femur Fractures have been filed in California state court. A petition was filed seeking to coordinate all Femur Fracture cases filed in California state court before a single judge in Orange County, California. The petition was granted and Judge Steven Perk is now presiding over the coordinated proceedings.
- Additionally, there are six Femur Fracture cases pending in other state courts.
- Discovery is ongoing in the Fosamax Femur Fracture MDL and in state courts where Femur Fracture cases are pending and the Company intends to defend against these lawsuits.
Strictly Confidential, No Obligation.
For the New Jersey Fosamax Multicounty Litigation, we want to report that the case Unanski v. Merck, which had been scheduled for trial back in March 2014, was postponed for reasons have to do with the trial court Judge, Carol Higbee, being elevated to a New Jersey appellate court position on short notice. It is uncertain at the present time when the Unanski case will be rescheduled for trial.
Previously, we posted this article: "Merck Faces More Than 4100 Fosamax - Femur Fracture Lawsuits As Of September 30, 2013 According To SEC Corporate Filing".
As we have been doing, we will continue to monitor the Fosamax - femur fracture litigation and report significant developments as they become publicly available.