PAPPAS et al v. MERCK SHARP & DOHME CORP.

Filing 5

ORDER that Pltfs have failed to show cause why their pre-9/14/2010, injury claims should not be dismissed; that Pltfs' state law claims against Merck arising out of an injury that occurred prior to 9/14/2010, are preempted; that summary judgment is GRANTED in favor of Merck as against Pltfs whose injuries occurred prior to 9/14/2010; directing the Clerk to terminate the cases listed in Appendix A [Docket #2857(2)] of the OTSC; that the Clerk shall also terminate 13-6090, 13-7894, and 13-5984 which were filed after the Court's OTSC but were addressed by this Court's Opinion. Signed by Judge Joel A. Pisano on 3/26/2014. (tf, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
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IN RE: FOSAMAX
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(ALENDRONATE SODIUM):
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MDL No. 2243
PRODUCTS LIABILITY
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Civil Action No. 08-cv-08 (JAP)
LITIGATION
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ORDER
THIS DOCUMENT APPLIES TO:
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All Actions
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____________________________________:
This matter is presently before the Court on an Order to Show Cause (“OTSC”) issued on
August 15, 2013 [docket #2895], upon application by Defendant, Merck Sharp & Dohme Corp. 1
(“Defendant” or “Merck”) [docket #2857] directing the Plaintiffs listed in Appendix A of the
Order (collectively referred to as “Plaintiffs”), to show cause why their pre-September 14, 2010,
injury claims should not be dismissed on preemption grounds pursuant to this Court’s ruling in
the Bellwether Glynn case. See Glynn v. Merck Sharp & Dohme, Corp., Case Nos. 11-5304, 0808, --- F. Supp. 2d ---, 2013 WL 3270387 (D.N.J. Jun. 27, 2013).
In response to the OTSC, the Court received the following briefs from Plaintiffs: (1)
Plaintiff Deborah Thompson’s Response to the OTSC [docket #2931]; (2) Plaintiff Helen
Stampliakas’s Response to the OTSC [docket #2932]; (3) Plaintiff Elaine Howe’s Response to
the OTSC [docket #17 on 11-6657] (4) Plaintiffs’ Adverse Reactions and Long-Term-Use
Failure-to-Warn Brief [docket #2995(1)]; (5) Plaintiffs’ Design-Defect and Other Non Failure to
Warn Claims Brief [docket #2995(2)]; (6) Plaintiffs’ Procedural Brief [docket #2995(3)]; and
(7) Plaintiffs’ Warnings and Precautions Brief [docket #2995(4)].
1

The docket lists five (5) separate Merck Defendants. In addition to “Merck Sharp & Dohme Corp.”, Defendant
was pled in various complaints as: “Merck & Co., Inc.”; “Merck Sharpe & Dohme, Corp.”; “Merck Sharp & Dohme
Corp.,”; and “Merck Sharp & Dohme.” For purposes of clarity, the Court collectively refers to these entities as
“Defendant” or “Merck.”

Merck replied to Plaintiffs’ response to the OTSC and filed the following briefs in
support of its position: (1) Reply to Plaintiff Helen Stampliakas's and Plaintiff Deborah
Thompson's Responses to the Court's OTSC [docket #3030]; (2) Reply to Plaintiff Elaine Howe's
Response to the Court's OTSC [docket #3041] (3) Reply to Plaintiffs' Adverse Reactions and
Long-Term-Use Failure-to-Warn Brief [docket #3031]; (4) Reply to Plaintiffs' Design Defect
and Other Non-Failure to Warn Claims Brief [docket #3031(1)]; (5) Reply to Plaintiffs'
Procedural Brief [docket #3031(3)]; and (6) Reply to Plaintiffs' Warnings and Precautions
Failure to Warn Brief [docket #3031(2)].
The Court having considered the papers filed and the oral arguments set forth by the
parties on January 29, 2014, and for the reasons set forth in the accompanying Opinion,
IT IS on this 26th day of March, 2014,
ORDERED that Plaintiffs’ have failed to show cause why their pre-September 14, 2010,
injury claims should not be dismissed pursuant to this Court’s ruling in Glynn; and it is further
ORDERED that Plaintiffs’ state law claims against Merck arising out of an injury that
occurred prior to September 14, 2010, are preempted; and it is further
ORDERED that summary judgment is GRANTED in favor of Merck as against
Plaintiffs’ whose injuries occurred prior to September 14, 2010; and it is further
ORDERED that the Clerk of this Court shall terminate the cases listed in Appendix A
[docket #2857(2)] of the OTSC; and it is further
ORDERED that the Clerk of this Court shall also terminate the following cases, which
were filed after the Court’s OTSC but were addressed by this Court’s Opinion as they allege
injuries occurring prior to September 14, 2010: 13-cv-6090; 13-cv-7894; and 13-cv-5984.
/s/ Joel A. Pisano
JOEL A. PISANO, U.S.D.J.