On Fosamax® ONJ Settlement Posture: Remember These Are Merck’s “Claims”, Not Proven “Facts”

But if these claims are proven, then the plaintiffs’ overall reasonable settlement figures must be contracting a bit.

Paul Strain, of the Venable firm — on behalf of Merck — claims that a good number of the cases (and perhaps half) are bereft of evidence to support the ONJ injury allegations. Now, it could be that the case files haven’t yet been supplemented with all the discovery materials, from these plaintiffs’ treating physicians, but it still should be cause for concern. Most of these cases have been pending since 2006 or 2007. The doctors’ reports and other treatment records should have long since been available, by now.

Here is the full three page letter (as a PDF) — and a pair of exerpts (as an image, below) (click to enlarge):

We will keep you posted.


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