(New York, NY, May 31, 2011) The American Law Partners, which represents clients with claims stemming from the severe side effects of the drug Fosamax, is pleased by the consolidation of federal Fosamax cases for purposes of pre-trial procedures.
By order dated May 23, 2011, the United States Panel on Multidistrict Litigation in case number MDL 2243 (In Re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II) )ordered that 36 actions against defendant Merck Sharp & Dohme Corp. (formerly known as Merck & Co.), pending in eight federal districts, be consolidated in the United States District Court for the District of New Jersey and, if possible, assigned there to United States District Judge Garrett E. Brown, Jr.
The panel wrote in its order: “We are persuaded that the District of New Jersey is an appropriate transferee forum for this litigation given the number of cases pending there and the length of time some of those actions have been pending. The headquarters, witnesses and documents of the common defendant, Merck, are located within the District of New Jersey, and nearly two-thirds of the pending actions are already in this district before a single judge. In addition, the federal courthouse in Trenton, New Jersey, is relatively close to the state court in Atlantic City, New Jersey, where hundreds of related cases are pending. Centralization in this district could facilitate coordination between the federal and state courts. Centralization in this district also permits the Panel to assign the litigation to an experienced transferee judge who is already presiding over 27 actions in the District of New Jersey.”
Multidistrict Litigation (MDL) is an option that allows for greater efficiency when handling numerous lawsuits by different plaintiffs against one defendant or a common group of defendants. Unlike a class action lawsuit, MDL does not distribute equal damages to all parties involved; instead, it consolidates all pre-trial disclosures and eliminates inconsistent pre-trial rulings by multiple judges. In effect, MDL speeds up the litigation process for all involved, and gives plaintiffs the ability to maintain their individual lawsuits to take their cases to trial separately if they choose to do so.
The American Law Partners advises anyone with a friend or family member who has been prescribed Fosamax or another osteoporosis drug to recommend to that person that he or she consult a physician immediately, then speak to a qualified Fosamax lawyer. The American Law Partners lawyers have a total of more than 25 years of experience fighting for the rights of clients who have suffered harm due to the negligence of powerful corporations. Affected individuals are advised to keep apprised of the latest news concerning the Fosamax femur fracture lawsuits by checking the Fosamax Femur Fracture Lawsuit Information Center for updated information. The site is equipped with easy-to-use social media features which will enable users to spread the word about the dangers of Fosamax.