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Merck & Co., the drugmaker facing 900 lawsuits over claims that its osteoporosis drug Fosamax causes the death of jawbone tissue, goes to trial tomorrow in a case that may affect all the others.
The trial in New York of the first case of the group, filed by Shirley Boles, 71, will be one of three so-called bellwether cases that may point the way to out-of-court settlements.
As investigators with the Consumer Product Safety Commission prepared for a visit to China next week to look into tainted drywall, the federal judge overseeing the massive basket of legal cases reiterated his plan to speed the proceedings along.
In a report to Congress, the federal agency — leading the investigation into Chinese drywall — said it had received permission from Chinese officials for the trip, scheduled to begin on Monday.
Meanwhile, Judge Eldon E. Fallon, who plans to begin “bellwether” trials in January, told both sides during a status conference in New Orleans on Tuesday that he expected discovery to begin in a few weeks.
The process will be sped along by the use of “profile forms” rather than traditional interrogatories that can get mired in procedural delays.
Fallon also said he wanted an agreed-upon plan for inspecting and identifying affected homes by Friday. The inspections should determine whether a home had Chinese drywall and, if so, what kind of damage was present, Fallon said.
Merck & Co., the drugmaker facing 900 lawsuits over claims that its osteoporosis drug Fosamax causes the death of jawbone tissue, goes to trial tomorrow in a case that may affect all the others.
The trial in New York of the first case of the group, filed by Shirley Boles, 71, will be one of three so-called bellwether cases that may point the way to out-of-court settlements.
“In mass litigation, all eyes are on the first trial, not only because it shows the strategy of each side, but also because it’s the first information about how jurors respond to the evidence,” said Howard Erichson, a law professor at Fordham University in New York and an expert on civil procedure.
Yaz and Yasmin are different from other combination birth control pills because they both contain a new type of progestin hormone known as drsp or drospirenone.
However, drospirenone has diuretic activity that can cause an increase in the user’s potassium levels, which can lead to dangerous health problems and is especially dangerous to users who have pre-existing kidney, liver and adrenal disease.
A federal appeals court has invalidated Bayer’s patent for the birth control pill Yasmin, allowing Teva Pharmaceuticals to produce the generic version, Ocella, without licensing the drug.
The U.S. Court of Appeals affirmed a lower court’s finding that the use of the progestin drospirenone that led to Yasmin were too obvious a pharmaceutical development for Bayer to patent.
Yasmin is an oral contraceptive that combines drospirenone with the estrogen component ethinyl estriadol to prohibit ovulation. While many birth control pills use ethinyl estriadol in combination with progestins, Yasmin was the first to use drospirenone.
A Texas law firm is targeting generic drug giant Mylan Inc., along with other pharmaceutical companies, in product liability lawsuits related to the manufacture of pain patches.
The lawsuits involve the powerful painkiller fentanyl, which is applied to the skin in a patch for the slow release of the medication. In the Mylan lawsuits, the plaintiffs attribute 28 deaths to the patches.
Mylan makes the patches at its plant in St. Albans, Vt., which is operated by Mylan subsidiary Mylan Technologies Inc.
“We think there was a manufacturer defect,” according to the plaintiffs’ attorney. “What we don’t know is the exact nature of the defect.”
Mylan has denied liability in court filings.
An expert panel reported that two more diseases may be linked to exposure to Agent Orange, a defoliant used by the American military during the Vietnam War.
People exposed to the chemical appear, at least tentatively, to be more likely to develop Parkinson’s disease and ischemic heart disease, according to the report. The report was written by a 14-member committee charged by the Institute of Medicine with determining whether certain medical conditions were caused by exposure to herbicides used to clear stretches of jungle.
The results, though not conclusive, are an important first step for veterans groups working to get the government to help pay for treatment of illnesses they believe have roots on the battlefield. Some other conditions linked to Agent Orange already qualify.
Pfizer Inc.’s Warner-Lambert unit created a list of 13 ailments that its epilepsy medicine Neurontin could treat as part of its promotion of the drug for unapproved uses, a former employee testified.
“I was trained from day one” to market the drug illegally, David Franklin testified. Franklin, who worked as a medical liaison at the Parke-Davis division of Warner-Lambert, said he encouraged doctors to prescribe Neurontin for uses beyond those approved by the U.S. Food and Drug Administration.
“My job was to promote Neurontin and motivate doctors to experiment” on patients, he said today in federal court in Boston. After being hired as a medical liaison, “I was selling drugs,” he said. The uses promoted were from the “snake-oil list” of 13 medical conditions, said Franklin, a microbiologist.
Federal regulators on Tuesday added stronger warnings to a group of best-selling drugs used to treat arthritis and other inflammatory diseases, saying they can increase the risk of cancer in children and adolescents.
After more than a year of review, Food and Drug Administration scientists said the drugs appear to increase the risk of cancer after they are used beyond 2 1/2 years. The agency studied several dozen reports of cancer in children taking the drugs, some of which were fatal. Half of the cases were lymphomas, a cancer that attacks the immune system.
The drugs are known as tumor necrosis factor blockers and work by neutralizing a protein that, when overproduced, causes inflammation and damage to bones, cartilage and other tissue. The drugs are prescribed to children with rheumatoid arthritis, inflammatory bowel disorder and Crohn’s disease.
Merck & Co., facing more than 850 lawsuits over claims that its osteoporosis drug Fosamax may cause irreversible “jaw rot,” won’t face punitive damages in the first trial, a federal judge said.
U.S. District Judge John Keenan said at a hearing today in New York that he’ll release a decision as early as July 31 knocking out the possibility of punitive damages in the case. He’ll deny Merck’s request to rule in its favor on liability, which means the case will go to trial Aug. 11, he said.
Keenan has scheduled three so-called bellwether trials through January to show each side the other’s strategy and possibly point the way to settlements. The judge earlier denied the plaintiffs’ request to treat the litigation as a class, or group, lawsuit allowing them to ask for court-ordered medical monitoring of all Fosamax users.
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