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On August 16, 2006, the United States Judicial Panel on Multidistrict Litigation ordered “coordinated or consolidated” pretrial proceedings for cases filed in federal courts regarding osteonecrosis of the jaw and Fosamax (alendronate sodium). The Panel assigned the cases to the United States District Court for the Southern District of New York before Judge John F. Keenan. This litigation is styled as MDL 1789 – Fosamax Products Liability Litigation.

On May 23, 2011, the United States Judicial Panel on Multidistrict Litigation ordered “coordinated or consolidated” pretrial proceedings for cases filed in federal courts regarding femur fractures and Fosamax, a specific type of bisphosphonate drug. The Panel assigned the cases to the United States District Court for the District of New Jersey before Judge Garrett E. Brown. On November 30, 2011, the United States Judicial Panel on Multidistrict Litigation reassigned the above litigation to Judge Joel A. Pisano of the same district. This litigation is styled as MDL 2243 – Fosamax (Alendronate Sodium) Products Liability Litigation (No. II).

On February 3, 2012, the United States Judicial Panel on Multidistrict Litigation issued an order in MDL 2243 to include claims by individuals who suffered femoral fracture injuries claimed as a result of taking Fosamax (alendronate sodium) and Boniva (ibandronate sodium) or from taking Fosamax (alendronate sodium) and Reclast (zoledronic acid). Fosamax is manufactured by Merck & Co., Boniva is manufactured by Genentech, Inc., GlaxoSmithKline and Roche, and Reclast is manufactured by Novartis Pharmaceuticals.

Neither litigation is a class action; the cases will be filed individually but will be transferred to either the District of New Jersey or the Southern District of New York (depending on the injury) as part of the consolidation. Consolidation was accomplished for the pre-trial matters only in both litigations. It allows for an efficient and expedited pre-trial process for litigation of this nature. It also allows for consistency of rulings on matters between the parties.

If you or a loved one have taken a bisphosphonate drug such as Fosamax or Boniva, please contact our firm at 1-800-247-1623 or johnhart@hartlaw.com for a free consultation to discuss your legal rights.