4/14/14 - IMPORTANT REMINDER: The releases and dismissals stipulations are due for all claimants on April 30, 2014. This is each counsel’s individual responsibility. The forms required are attached at the bottom of this webpage. Please fill these out for each of your clients and, no later than April 30, 2014, submit to Merck’s counsel: Stephen E.Marshall, Esq., Venable LLP, 750 E. Pratt St., Suite 900, Baltimore, MD 21202.
4/11/14 - Judge Keenan has issued an order appointing the settlement special masters and administration officers. The order is posted below. The information specific to the lien resolution administrator will be posted by separate update in the next week.
4/8/14 - The PSC has posted to www.fosamaxmdl.com the fully executed Master Settlement Agreement.
4/7/14 - DECEASED CLIENTS UPDATE: The PSC has decided that an alternative small estate procedure proposal could not be reconciled with the Master Settlement Agreement in place, particularly since Merck would oppose the requested relief. Therefore, please be advised that the PSC will NOT be filing any motion to establish an alternative small estate procedure excusing the lack of appointment of a personal representative for cases with deceased clients. As a result, please make sure to have the properly named representative with the proper authority ready to execute the settlement paperwork for those claimants who have died during the pendency of their Fosamax case.
4/3/14 - DECEASED CLIENTS INFORMATION: PSC Lead Counsel Tim O’Brien reminds everyone that, as of the current time, if your client is deceased, it is important for you to have either an executor/executrix or an appointed personal representative with authority to execute the release on April 30, 2014. While the PSC will file a motion with the Court this week asking the Court to employ an alternative personal representativead litem process (similar to the Avandia MDL) for small claims, Merck has indicated it will oppose the requested relief and therefore you should not assume this relief will be granted and should prepare your claims for deceased clients accordingly.
3/31/14 - The PSC has posted to the www.fosamaxmdl.com website the Description of the Fosamax Jaw Settlement Program for Claimants’ Counsel’s use with their respective clients. Additionally, the PSC has prepared a model cover letter which Claimants’ Counsel may use as a privileged communication forwarding the Release/Certification and Description of the Jaw Settlement Program to their respective clients. Due to its attorney-client privileged nature, the model cover letter is not available on the www.fosamaxmdl.com website but may be requested by emailing Tim O’Brien at tobrienlevinlaw [dot] com. Only counsel who have claimants listed on the Master Settlement Agreement Exhibit A will have access to the model cover letter. The fully executed Master Settlement Agreement will be posted to this website later this week.
3/28/14 - The Fosamax Allocation Committee has posted to www.fosamaxmdl.com the settlement participation forms that must be completed and returned by Claimants Counsel to Merck no later than April 30, 2014 to Merck’s counsel: Stephen E.Marshall, Esq., Venable LLP, 750 E. Pratt St., Suite 900, Baltimore, MD 21202. For each participating claimant, Claimants’ Counsel will have to submit the filled out Certification/Release of Claims and, if litigation is pending, a Stipulation of Dismissal with Prejudice. The Certification/Release must be filled out where indicated and the Stipulation of Dismissal with Prejudice must follow the appropriate form provided below. Next week, the Fosamax Allocation Committee will post a model settlement plan disclosure document and cover letter to the claimants’ which counsel are free to use in their own cases. The executed Master Settlement Agreement will be posted next week as well.
Regarding the Claims Process, the Eligibility and Allocation Committee will begin receiving claim packages on April 30, 2014, through May 30, 2014. An online portal will be established for the completion and submission of the Claims Form and upload of materials in support of the Claims Form and the instructions and address for that website will be provided by separate update.
PLEASE UNDERSTAND THAT THE SUBMISSION OF THE RELEASE/CERTIFICATION AND THE STIPULATION OF DISMISSAL DOES NOT END THE CLAIM PROCESS. RATHER, IT SIMPLY PUTS THE CLAIMANT INTO THE PARTICIPATION STATUS FOR THE SETTLEMENT. IF NO CLAIM FORM AND PACKAGE IS RECEIVED BY THE ELIGIBLITY AND ALLOCATION COMMITTEE THROUGH THE SEPARATE CLAIMS PROCESS FOR A PARTICULAR CLAIMANT, THAT CLAIMANT’S CASE WILL STILL BE DISMISSED AND CLAIMS AGAINST MERCK WILL BE RELEASED. THUS, IN ORDER TO RECEIVE THE SETTLEMENT VALUE FOR A CLAIMANT’S CASE, CLAIMANT’S COUNSEL WILL HAVE TO COMPLY WITH TWO SEPARATE SUBMISSION PROCESSES: (1) THE SUBMISSION OF THE CERTIFICATION/RELEASE AND DISMISSAL TO MERCK’S COUNSEL NO LATER THAN APRIL 30, 2014; AND (2) THE COMPLETION OF THE CLAIMS FORM WITH SUPPORTING MATERIALS BETWEEN APRIL 30, 2014, AND MAY 30, 2014.
3/24/14 - PSC Lead Counsel Tim O’Brien announces that the following updated deadlines apply to the settlement administration:
04/30/14: Releases and Dismissals Due to Merck for Each Participating Claimant
05/15/14: Merck Walk-away Deadline
05/30/14: Claim Packages Due
We are working with this ethics advisor, Prof. Lynn Baker, to provide each claimant’s counsel with a settlement summary document and cover letter to send to each counsel’s clients. Once those documents are complete, the release forms, dismissal forms, cover letter form, and settlement summary document will all be posted to this website for counsel to download and prepare as necessary for each of his/her clients.
3/10/14 - PSC Lead Counsel Tim O'Brien announced today that the Master Settlement Agreement forms have been finalized and will be posted within the next week. Also, MERCK HAS AGREED THAT ALL DEADLINES UNDER THE SETTLEMENT AGREEMENT ARE EXTENDED BY 30 DAYS. Therefore, the deadline to put Fosamax clients into the settlement does not arise until April 30, 2014. Stay tuned to this message board for further updates, as well as the settlement forms and disclosure documents which will be posted next week.
2/21/14 - The Fosamax MDL No. 1789 Settlement & Allocation Committee has posted to the www.fosamaxmdl.com website a worksheet for counsel to use in gathering the information that will be needed to submit with the final claim form. Please note: THIS IS NOT THE OFFICIAL FOSAMAX SETTLEMENTCLAIM FORM. THIS WORKSHEET IS PREPARED BY THE FOSAMAX MDL NO. 1789 PSC SETTLEMENT & ALLOCATION COMMITTEE SO THAT CLAIMANT’S COUNSEL CAN IDENTIFY AND BEGIN COLLATING THE INFORMATION THAT WILL BE REQUIRED TO BE SUBMITTED WITH THE FINAL CLAIM FORM, WHICH WILL BE POSTED AT A LATER DATE.
2/20/14 - PSC Lead Counsel Tim O'Brien reports that the settlement participation documents are in the final stage of revisions with Merck and will be posted as soon as they are complete. There will also be a cover letter summarizing and explaining the settlement for all Claimants Counsel to send to their clients. What will be due in March 31, 2014, will be the signed Releases and Stipulations of Dismissal, which will be held in escrow pending the eligibility determinations. The actual claim packages will not be due on March 31, 2014. The claim packages will have a due date of May 31, 2014.
02/07/14 - PSC Lead Counsel Tim O’Brien reports that the master settlement agreement will require deceased plaintiffs’ claims to be handled by a duly appointed personal representative or estate administrator. Therefore, if you have claims for now-deceased plaintiffs still pending where the personal representative of the Estate or administrator has not been appointed, please take the steps necessary to secure those appointments prior to the March 31, 2014.
01/29/14 - PSC Lead Counsel Tim O'Brien reports that the Fosamax jaw settlement claim forms are close to finalization and will be posted on this web page once finalized, likely by the end of next week. To get these message updates automatically, Subscribe to our RSS feed
01/13/14 - PSC Lead Counsel Tim O’Brien reports that the first master settlement deadline has been met and satisfied. The Allocation Committee delivered to Merck today the list of participating firms with 100% of firms participating. Stay tuned to this page for further updates and settlement claim forms, which should be posted by the end of January.
Fosamax MDL 1789
The Fosamax Examiner