Fosmax® ONJ Bellwether Trials Update: We Wish The Secrests A Speedy Return To Wellness. . .


I have deliberated at some rather great length — about whether to post on this item — at all.

It is certainly note-worthy (a trial delay/reschedule — will the Fosamax® ONJ Boles III take its timeslot, on Judge Keenan’s calendar, here in the Spring of 2011?). Even so, the heart of the item treads near the line of invading the privacy of the plaintiffs, here. And clearly, I mean only to wish them well.

So I will report only what is known in the public record, in Manhattan’s federal district courthouse — at the moment, from the published orders.

Instead of starting in about two weeks’ time, the next scheduled ONJ bellwether trial, Secrest, has been postponed to at least September 7, 2011, due to serious illness of one of the Secrest plaintiffs — per the court’s latest order, entered today:

. . . .Plaintiffs request that the Court adjourn the trial of this case, which is currently scheduled to begin on March 14, 2011. In support of this application, Plaintiffs’ counsel proffers that one of the Plaintiffs is seriously ill and would be unable to attend the trial. Defendant Merck Sharpe & Dohme Corp. does not object to Plaintiffs’ application. The Court grants Plaintiffs’ application, and the trial is adjourned from March 14, 2011, until September 7, 2011. This new trial date is firm. After ruling on the pending summary judgment and Daubert motions, and assuming the action survived the Court will issue a revised Pre-Trial Scheduling Order, which will set new deadlines for briefing motions in limine, exchanging deposition designations and counter-designations, and all other pre-trial matters not yet resolved. . . .

We will meditate on the return to wellness, for the family. We trust that the Universe has this just right. . . . and that the Secrests will recover, and recover to full health.

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