Cases selected for pretrial discovery in Fosamax femur fracture lawsuit

Thirty-three cases have been selected for early trial by the lawyers involved in the Fosamax litigation.  An order released by the U.S. District Judge Garrett E. Brown stated that a telephone conference is not scheduled for 11/22/2011 in order to discuss and finalize the two sides’ selection of bellwether cases.  The bellwether cases will be used to find out the strengths and weaknesses of all of the current and future Fosamax femur fracture cases.

The allegations have been similar in all of the lawsuits that have been brought against Merck & Co., the manufacturer or Fosamax.  These allegations state that the osteoporosis drug Fosamax increases the risk of femur fractures when the drug is taken for one year or more.

The drug was initially created in order to strengthen bones in patients suffering from osteoporosis, but the drug has been alleged to do the opposite.  Some of the complaints Merck faces include claims of random and spontaneous femur fractures during low impact exercises such as jogging, walking, going up and down the stairs and sitting or standing.

In 10/2010, the FDA mandated the manufacturer of Fosamax, Merck, to update the warning labels for their product to display the risk of Fosamax femur fractures associated with the use of the drug.  For those experiencing pain in their thigh, it is highly urged to seek medical attention as this may be an early indicator of a Fosamax femur fracture.

At Judge Brown’s request, the parties have agreed upon a group of cases they believe should be used for early discovery in the Fosamax lawsuit.  Previously, there were thirty-nine cases identified by the parties to be included in early discovery.  Of these thirty-nine cases, nineteen were chosen by Merck and nineteen were chosen by the plaintiffs, with one unanimous choice as well.  Six of these cases were removed however, as some generic drug makers and plaintiffs who did not want to have their cases tried in the U.S. District Court for the District of New Jersey, leaving a final tally of thirty-three cases selected.