Rottenstein Law Group Heeds Fosamax MDL Court’s Order Designed to Weed Out Bad Cases

The Rottenstein Law Group, which represents clients with claims stemming from the severe side effects of the drug Fosamax, is taking all necessary measures to comply with the latest order of the federal Fosamax MDL court.

As the United States District Court for the Southern District of New York prepares to wrap up the federal Fosamax multidistrict litigation matter In Re: Fosamax Products Liability Litigation (No. 06 MD 1789), Judge John F. Keenan has issued an order designed to weed out those cases “more likely to be dismissed… as they undergo closer scrutiny.” Defendant Merck & Co., Inc., manufacturer of the embattled osteoporosis drug, made a third request of the court for a so-called “Lone Pine” order. Judge Keenan had denied Merck’s previous requests, but he granted this one.

By order filed November 20, 2012, Judge Keenan is requiring each claimant whose federal lawsuit is part of the Fosamax MDL but who has not alleged that he or she experienced osteonecrosis of the jaw (ONJ) or osteomyellitis (as a result of having taken Fosamax) to produce certain information and documentation to identify specifically the alleged injuries suffered and to substantiate, with expert testimony, to a “reasonable degree of medical certainty” the claim that the injuries were caused by Fosamax.

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