Boles III Fosamax® ONJ Damages Trial Set For Sept. 10, 2012; Scheinberg Bellwether Set For January 14, 2013


A commenter recently asked (way, way below!) whether Boles III (new jury — damages trial only) is still set for September 2012. It is — on the tenth of September, to be exact.

In addition, the very-able Judge Keenan (sitting in Manhattan) has selected another case (that’s a short PDF file — one presenting a fact pattern of later Fosamax® use — after Merck made the Fosamax label change, in mid-2005) for bellwether trial status.

. . . .The Court has previously discussed with the parties the Court’s belief that at least one additional bellwether trial should be conducted prior to any consideration of a motion to remand to the transferor courts, to address issues arising in cases where the alleged injury date is after the July 2005 change in the Fosamax label. . . .

On March 28, 2012, in open court, Scheinberg v. Merck & Co., Inc., No. 08 Civ. 4119 (JFK) , was first selected by lot. The Court then selected by lot Diamond v. Merck & Co., Inc., No. 08 Civ. 4204 (JFK) , as an alternate. Scheinberg is scheduled for trial on January 14, 2013 , at 10:00 a.m. in Courtroom 20-C of the Daniel Patrick Moynihan United States Courthouse. . . .

SO ORDERED.

Dated: New York, New York

March 29, 2012. . . .

Finally, we are still awaiting word on the outcome of the state court Fosamax trial — the one that began last month in Atlantic City, New Jersey. We will update you when we have word on that one. So, do stay tuned.

About these ads

There are no comments on this post.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 61 other followers

%d bloggers like this: