Saturday, August 29, 2009

Fosamax® Trial Update: Plaintiff Asks Additional Jury Instructions Be Given

At the end of the third week of the first-ever Fosamax® jury trial, jury instructions are being added, and modified -- this was filed yesterday afternoon, in Manhattan:

. . . .Plaintiff. . . gives notice of filing the attached proposed supplemental jury instructions and requests that this Court charge the jury accordingly. . . .

The supplemental instructions -- two in total -- are designed to help the jury clarify whether additional damages should be awarded (or no damages), if the jury cannot determine the degree to which the plaintiff's injuries were aggravated by the use of Fosamax. Again, this instruction only proposed to be used, if the jury makes a prior determination that Fosamax contributed, in some manner, to the plantiff's injuries. This would suggest that the court has decided not to rule on Merck's motion, until the close of the entire trial, or has ruled from the bench, in an oral order, that the trial may proceed. Merck should be very-close to wrapping its defense of the drug.

Stay tuned.

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