There was another significant happening in a related matter in the Fosamax litigation. Judge John F. Keenan denied the motion filed by Merck & Co. to dismiss 24 lawsuits claiming Fosamax causes “jaw death” in patients who took the medicine for fewer than three years. In the ruling, Judge Keenan refused to dismiss the lawsuits, saying that whether there is a three-year threshold is a “genuine issue of fact for trial.” The Plaintiffs contend that Fosamax causes osteonecrosis of the jaw, or ONJ. Tim O’Brien, one of the Plaintiffs’ lawyers, discussed Judge Keenan’s ruling in an interview with Bloomberg. Tim had this to say:
This simply reflects what’s been known in the science for a while now, that there is no magic window where a patient can be automatically said to be safe from developing ONJ after beginning Fosamax.
The ruling comes in cases separate from the one on trial before Judge Keenan in a Manhattan federal court referred to above. Merck says as of June 30th it was defending about 900 Fosamax cases including lawsuits with multiple Plaintiffs. There are as many as 1,200 Plaintiffs in the cases which are in state and federal courts, according to Merck. Plaintiffs in the 24 cases covered by the latest ruling submitted a profile form disclosing Fosamax use for fewer than three years. The court’s ruling has to be considered good for future cases involving Fosamax use for less than three years. Our firm is handling a number of Fosamax cases. If you need more information contact Chad Cook at 800-898-2034 or by email at Chad.Cook@beasleyallen.com.
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