Fosomax case transferred to N.J. federal court

Michael P. Tremoglie Feb. 3, 2012, 2:20pm

WASHINGTON (Legal Newsline) -- The U.S. Judicial Panel for Multi District Litigation has transferred a case about the prescription drug Fosomax.

The case of Thomas-Walsh et al. v. Merck & Co. has been moved to U.S. District Court in New Jersey. This vacates the order transferring the case to Colorado.

"After considering all argument of counsel, we find that the conditionally separated and remanded claims involve common questions of fact with claims in actions previously centralized in MDL No. 2243, and that transfer of Thomas-Walsh, in its entirety, to the District of New Jersey for inclusion in the centralized proceedings will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation," the panel wrote.

The panel believed that while most of the presently centralized litigation involves the use of Fosamax or its generic equivalent alone in the cause of femur fractures or similar bone injuries, at least five plaintiffs in the centralized actions allege that they suffered femur fractures by using either Fosamax and Reclast or Fosamax and Boniva. These five actions are similar to Thomas-Walsh.

According to the ruling, "Because issues concerning whether Fosamax and Boniva or Fosamax and Reclast cause femur fractures are already before the transferee court, we conclude that transfer of all claims in Thomas-Walsh is warranted."

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