Fosamax Osteonecrosis Of The Jaw (onj) Plaintiffs Denied Class Action Appeal
On recent news regarding Fosamax femur fracture lawsuits, District Judge John F. Keenan of the U.S. District Court for the Southern District of New York, who is the current judge handling the osteonecrosis of the jaw (ONJ) Fosamax lawsuits, did not approve the class action lawsuit appeal made by Fosamax complainants on April 26, 2011.
The Fosamax complainants were from Florida, Louisiana, and Pennsylvania and they already filed their Fosamax lawsuits against Merck in their own district courts. In their appeal, the Fosamax complainants requested that Merck should pay the expenses they will use for biannual dental exams and consultations as a precaution and to ensure no harm was done to it. One reason why the Fosamax plaintiffs' appeal was not granted by the U.S. District Court for the Southern District of New York was their lack of substantial proof and reason for being a part of the class action lawsuit of ONJ cases since none of them ever had osteonecrosis of the jaw while they were taking it.
The conclusion made by the judge was based from various reasons. In District Judge John F. Keenan's statement, he stated:
As the evidence presented shows that the risk of ONJ varies depending upon a Fosamax users unique medical history and the circumstances surrounding his or her use, the Court is not satisfied that the need for the proposed monitoring program could be proven on a class-wide basis.
The year Fosamax drug changed its label was around 2005, yet one of the Fosamax plaintiffs vying for the court's class action lawsuit of osteonecrosis of the jaw cases was investigated to have long past used the drug, thus their appeal was rejected by the judge. An added statement by the U.S. District Court for the Southern District of New York judge, John F. Keenan, goes like this:
[T]he plaintiffs claim cannot be considered typical of a class of plaintiffs that will include patients who took Fosamax after 2005 and will have to similarly prove negligence and failure to warn under significantly different circumstances.
To refrain from having similar outcome with the Fosamax plaintiff rejection news stated above, Fosamax femur fracture plaintiffs must take note of the mistakes the Fosamax plaintiffs above made in their appeal and strengthen their case.
If you or a loved one suffered from any of the severe Fosamax side effects, or if you experienced atypical, low-impact femur fracture caused by Fosamax use, know that you can fight for your rights, and can claim just compensation by setting your Fosamax fracture lawsuit. You can set your Fosamax case into motion after consulting a reliable Fosamax lawyer for free. Fosamax femur fracture lawsuit sites are available if you need more information regarding this.
The Fosamax complainants were from Florida, Louisiana, and Pennsylvania and they already filed their Fosamax lawsuits against Merck in their own district courts. In their appeal, the Fosamax complainants requested that Merck should pay the expenses they will use for biannual dental exams and consultations as a precaution and to ensure no harm was done to it. One reason why the Fosamax plaintiffs' appeal was not granted by the U.S. District Court for the Southern District of New York was their lack of substantial proof and reason for being a part of the class action lawsuit of ONJ cases since none of them ever had osteonecrosis of the jaw while they were taking it.
The conclusion made by the judge was based from various reasons. In District Judge John F. Keenan's statement, he stated:
As the evidence presented shows that the risk of ONJ varies depending upon a Fosamax users unique medical history and the circumstances surrounding his or her use, the Court is not satisfied that the need for the proposed monitoring program could be proven on a class-wide basis.
The year Fosamax drug changed its label was around 2005, yet one of the Fosamax plaintiffs vying for the court's class action lawsuit of osteonecrosis of the jaw cases was investigated to have long past used the drug, thus their appeal was rejected by the judge. An added statement by the U.S. District Court for the Southern District of New York judge, John F. Keenan, goes like this:
[T]he plaintiffs claim cannot be considered typical of a class of plaintiffs that will include patients who took Fosamax after 2005 and will have to similarly prove negligence and failure to warn under significantly different circumstances.
To refrain from having similar outcome with the Fosamax plaintiff rejection news stated above, Fosamax femur fracture plaintiffs must take note of the mistakes the Fosamax plaintiffs above made in their appeal and strengthen their case.
If you or a loved one suffered from any of the severe Fosamax side effects, or if you experienced atypical, low-impact femur fracture caused by Fosamax use, know that you can fight for your rights, and can claim just compensation by setting your Fosamax fracture lawsuit. You can set your Fosamax case into motion after consulting a reliable Fosamax lawyer for free. Fosamax femur fracture lawsuit sites are available if you need more information regarding this.
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