Federal Propecia®/Proscar® MDL Bellwether Trials: Schedule Update
February 15, 2017

The first bellwether case — in the first tranche of Propecia®/Proscar® trials — in New York’s Eastern District (Brooklyn) federal MDL remains on track, for a March 2018 trial date. That’s the abidingly-consistent narrative line, here.

But in the intervening weeks since my last update, one more case was dismissed by the plaintiff — and now a replacement case (called Case Z here) has been picked, as of last night. A note on nomenclature, then — I’ll endeavor to redact all case names from all my future additional reporting — out of respect for the limited remaining privacy interests of the plaintiffs. Many names are listed in actual court pleadings and orders, but I’ll strive to omit them unless absolutely required for clarity. Here’s the adjusted schedule — in amended Procedural Order 15:

. . . .On or before February 15, 2017, Merck will disclose in writing the identities of its experts as required by Fed. R. Civ. P. 26(a)(2)(A) and will serve the reports and other materials as required by Fed. R. Civ. P. 26(a)(2)(B), for [Case H], [Case D], and
[Case J], including case specific reports. . . .

On or before March 15, 2017, plaintiffs will disclose rebuttals expert reports for [Case H], [Case D], and
[Case J], if any. . . .

On or before May 15, 2017, plaintiffs will disclose in writing the identities of their experts as required by Fed. R. Civ. P. 26(a)(2)(A) and will serve the reports and other materials as required by Fed. R. Civ. P. 26(a)(2)(B), for [Case Z], including case specific reports. . . .

On or before June 15, 2017, Merck will disclose in writing the identities of its experts as required by Fed. R. Civ. P. 26(a)(2)(A) and will serve the reports and other materials as required by Fed. R. Civ. P. 26(a)(2)(B), for [Case Z], including case specific reports. . . .

Case Z is the newest replacement bellwether case — and so it is on a slightly extended time track, as to getting discovery completed. Now you know, with a busy off-grid end of week looming, come Thursday night through Sunday night (and likely sublime celestial events, come Saturday night) — fireworks, as she loved grilled Gengis Khan Mongolian ribs, and fireworks. . . for it is to be unusually warm here, that night. Smile. . . . Onward. Ever, onward.

नमस्ते