If you were injured by Fosamax and are considering joining a class action lawsuit, the Rottenstein Law Group can help you understand why a class action is probably not what you’re looking for and how your interests would be better served by joining a mass tort litigation, also known as a multidistrict litigation (MDL).
Class Action Lawsuit vs. Multidistrict Litigation
A class action, generally speaking, is a court case in which a large number of people join together to sue another person or company, or in which a large group of people or companies are being sued. In order to form a class, all of the plaintiffs in a class action must have suffered the same type of injury. Usually, a class action is filed by one (or a few) named plaintiff(s), who then files a motion to certify a class of people with the same injury.
There is currently no class action against Merck & Co., the company that makes Fosamax. But even if there was one, joining it would entail the risk of being undercompensated for the harm you’ve suffered as a result of taking Fosamax.
Class action is unlikely to get injured parties meaningful compensation, mainly because the remedy in a class action is almost always a judgment requiring the defendant to change its practices going forward. If the plaintiffs receive anything, it is likely to be a nominal award, often a “coupon” for more of the defendant’s products or services. Class actions are therefore much more appropriate for cases involving stock fraud or phone bill overcharges, for instance, than cases involving physical harm, not to mention pain and suffering.
If you’ve been harmed by Fosamax, what you’re probably interested in is what’s known as “mass tort litigation,” in which many victims of a single actor’s behavior sue—each individually (although there are mechanisms for consolidating much of the common pretrial procedures to minimize duplication of efforts and inefficiency). A plaintiff who sues a drug’s manufacturer alleging that the drug caused him or her injury and prevails can receive substantial compensation in the form of an award after trial or an out-of-court settlement.
Three Fosamax Multidistrict Litigation Actions Formed
Although there isn’t a Fosamax class action lawsuit, there are three Fosamax MDLs: two in federal court and one in New Jersey Superior Court.
The oldest of the mass tort cases against Merck is consolidated in New York District Court for the Southern District of New York and contains, as of May 12, 2012, nearly 1,000 cases alleging that Fosamax causes osteonecrosis of the jaw (ONJ). In the District of New Jersey, a separate MDL was established to deal with claims—more than 450 to date—that Fosamax use leads to atypical femur fractures. A third MDL in New Jersey Superior Court contains close to 1,800 Fosamax ONJ and femur fracture cases.
RLG Offering Free Fosamax Case Reviews
With more than 25 collective years of experience with mass torts and products liability litigation, the lawyer of the Rottenstein Law Group can make the process of demanding compensation from a blameworthy manufacturer as efficient and painless as possible. Through a free, confidential case review, you’ll find out whether you are eligible for a lawsuit against Merck. To get started, complete this form.