Case Status Update

9/18/2008

The United States District Court for the Southern District of New York, the presiding Court in the In re Fosamax Products Liability Litig. MDL No. 1798 recently denied Merck's attempt to set for early consideration motions for summary judgment relating to the minimum drug exposure period for Fosamax-induced osteonecrosis of the jaw ("ONJ"). Merck had attempted to file and set the summary judgment motions for hearing prior to the conclusion of generic fact discovery and expert witness discovery . The first cases are likely to be tried in the MDL in late Summer 2009. Levin Papantonio shareholder Tim O'Brien is Lead Counsel for the Fosamax MDL and is reviewing cases relating to ONJ caused by Merck's Fosamax and Procter & Gamble's drug Actonel.