Boles III Fosamax® ONJ Damages Trial Set For Sept. 10, 2012; Scheinberg Bellwether Set For January 14, 2013

A commenter recently asked (way, way below!) whether Boles III (new jury — damages trial only) is still set for September 2012. It is — on the tenth of September, to be exact.

In addition, the very-able Judge Keenan (sitting in Manhattan) has selected another case (that’s a short PDF — one presenting a fact pattern of later Fosamax® use — after Merck made the Fosamax label change, in mid-2005) for bellwether trial status.

. . . .The Court has previously discussed with the parties the Court’s belief that at least one additional bellwether trial should be conducted prior to any consideration of a motion to remand to the transferor courts, to address issues arising in cases where the alleged injury date is after the July 2005 change in the Fosamax label. . . .

On March 28, 2012, in open court, Scheinberg v. Merck & Co., Inc., No. 08 Civ. 4119 (JFK) , was first selected by lot. The Court then selected by lot Diamond v. Merck & Co., Inc., No. 08 Civ. 4204 (JFK) , as an alternate. Scheinberg is scheduled for trial on January 14, 2013 , at 10:00 a.m. in Courtroom 20-C of the Daniel Patrick Moynihan United States Courthouse. . . .


Dated: New York, New York

March 29, 2012. . . .

Finally, we are still awaiting word on the outcome of the state court Fosamax trial — the one that began last month in Atlantic City, New Jersey. We will update you when we have word on that one. So, do stay tuned.


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