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Federal Court Appoints Leadership Committees for Fosamax Case



The U.S. District Court for the District of New Jersey has begun the process of bringing the numerous cases claiming that osteoporosis drug Fosamax causes low impact leg fractures to trial. According to a July 14, 2011, order signed by Judge Garrett Brown, the court established attorney steering committees for the multi-district litigation. The Federal court in New Jersey has been chosen to collect the Fosamax cases pending in various federal courts and to resolve or rule upon those issues that are common to all cases. The cases will then be sent back to their original courts for trial. At least 36 actions from eight different districts are now pending before Judge Garrett Brown in the District of New Jersey.

FDA Warned That Fosamax May Cause Bone Fractures

Fosamax is a drug manufactured by Merck & Co. that has been widely prescribed to post-menopausal women for the treatment of osteoporosis, which is a thinning or loss of bone density over time. In October 2010, the FDA began an investigation concerning any relationship between Fosamax and bone fractures. It has warned that biphosphonates such as Fosamax may cause bone fractures. Allegations have arisen that women who have taken Fosamax for more than four years have suffered fractures of the femur, the upper leg bone. Several lawsuits have been filed, alleging that drug's manufacturer failed to adequately test the drug, and that it also failed to warn consumers of its potentially dangerous side effects.

Pace of Litigation Expected to Increase

The most recent action of the federal court assigned various plaintiffs' counsel to leadership committees responsible for coordinating the activities of the many plaintiffs during pretrial proceedings. This usually results in faster and more efficient trial preparation than having 36 different plaintiffs pursuing discovery in 36 different cases. Eleven attorneys from eleven different law firms will serve on the committees and direct the discovery of evidence and other important pretrial activities. Progress in the case is expected to quicken now that the committee appointments have been made.

Seek Counsel if You Took Fosamax

If you or a family member was prescribed Fosamax and suffered from adverse side effects, you should consult with a personal injury attorney experienced in pharmaceutical law as soon as possible to ensure that your rights are protected.