Today’s Federal Fosamax® MDL Oral Argument Recap: Maybe 600 More Cases To Be Bounced, Via “Lone Pine” Orders?


I mentioned this pending oral argument date at the end of last week. Should Judge Keenan, sitting in Manhattan’s federal District Court, agree with Merck’s legal teams, it is possible that up to another 600 cases will be bounced from the consolidated Fosamax® proceedings. At a minimum, those 600 will need doctors’ opinions and causual analyses.

A bit from Law360.com (subs. $$):

. . . .Lawyers for Merck said that they have identified nearly 600 questionable cases in the MDL. They asked U.S. District Judge John Keenan to enter an order that would require plaintiffs in those cases to substantiate their claims by showing the drug’s connections to their alleged illnesses. . . .

Stay tuned. We should hear — via a memorandum opinion — from the very able Judge Keenan in about two months’ time.

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