Fosamax Jaw Injury MDL Disbanded
Pharmaceutical giant Merck developed Fosamax to help men and women prevent and treat symptoms of osteoporosis. While the medication may help rebuild bone mass and slow bone degeneration in patients, Fosamax has been the topic of heated litigation over its adverse side effects.
Individuals who filed Fosamax lawsuits against Merck argue they developed debilitating jaw injuries caused by osteonecrosis after taking the drug. This injury typically followed dental procedures including dental implants and/or tooth extraction. To more efficiently manage the increasing number of products liability claims filed in district courts, all lawsuits were coordinated as multidistrict litigation, so plaintiffs could share in the pretrial process. As of June 30, 2013, the Fosamax MDL had consolidated more than 5,000 lawsuits, many of which contained allegations of osteonecrosis of the jaw (ONJ).
Fosamax MDL disbanded
Now, an estimated 1,000 Fosamax jaw injury lawsuits are subject to the MDL judge’s August order that remands cases back to their original court of filing. The federal MDL was slated to be disbanded, but Judge John Keenan recently delayed the transfer of hundreds of claims to allow more time for plaintiffs and the defendant to come to settlement agreements.
The judicial order may spell more financial hardships for those eagerly awaiting their compensation, prompting many to consider the benefits of Fosamax lawsuit loans – a non-recourse cash advance that provides immediate funds for those awaiting resolution on their claims.
A financial bridge: Fosamax jaw injury lawsuit funding
District Judge John Keenan amended his August remand order that would have sent Fosamax lawsuits back to their home courts starting November 1. Instead, transfers will begin on December 2 and subsequent transfers will occur on the first business day of every month. Judge Keenan’s judicial order states:
“The Court has tried five cases as bellwethers and general expert discovery has taken place. In this Court’s view, all that is left for each of the cases in this MDL is case specific discovery and trial. To that end, the district courts to which these cases will be remanded will have the benefit of this Court’s omnibus Daubert ruling as well as numerous other opinions issued throughout this litigation….”
The implication of this judicial order is that all jaw injury claims coordinated in the MDL will effectively be disbanded over the upcoming six months and, consequently, there is a good chance that legal counsel for Merck will be facing trials in court rooms throughout the country. Plaintiffs remain hopeful that a settlement can be reached prior to trial, but in the meantime, lawsuit funding is an easy and effective solution for cash-strapped claimants.
Fosamax lawsuit loans aren’t loans in the traditional sense. They are what is known as non-recourse, which means the balance is only repaid if the case results in compensation. Lawstreet Capital assumes 100% of the risk, and forwards a cash advance based on the predicted amount of a future settlement or potential jury verdict.
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At LawStreet Capital, we know how challenging and draining products liability litigation can be, especially in cases involving Fosamax jaw injuries. Plaintiffs may find their bank accounts dwindling as medical expenses, legal costs and other daily needs continue to mount. If you’re in need of a quick influx of cash until your jaw injury claim resolves, please contact our representatives to learn more.
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