Roche and GSK Seek To Exclude Boniva® Cases From Manhattan Federal Remand Orders: Fosamax® MDL

Not entirely surprisingly, GSK and Roche have asked the very able Judge Keenan, sitting in the federal District Court in Manhattan, to exempt all Boniva® (ibandronate) cases from his coming MDL orders in the Fosamax® (alendronate sodium) MDL on the process for remand to local District Courts for trials on the merits. Of course, it is possible — and perhaps likely even — that a settlement will be reached before Judge Keenan orders that the individual cases be returned to various districts.

But between now and then, GSK and Roche want Judge Keenan to retain, or hold onto, the Boniva cases (a Fosamax competitor — in the bisphosphonates class) so that more discovery may be conducted — to determine whether factual differences exist — as emerging pattern(s) — in the cases of plaintiffs who took the slightly chemically different Boniva ibanronate osteoporosis medicine, as opposed to the alendronate sodium compound in Fosamax. Here is the full letter in PDF format — and a bit:

We will keep you posted.


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