Thursday, September 3, 2009

Small Fosamax® Trial Update: Merck's Motion to Dismiss Denied; Jury Deliberating

Some news is dribbling out of Merck's first-ever Fosamax® trial, in Manhattan, tonight:

As I suspected, Judge Keenan has decided Merck's motion for judgment as a matter of law, from the bench, on the record, in open court, orally. Here is the excerpt from the confirming minute order, as signed by Judge Keenan (click to enlarge, below):

Per The New York Times' reporting tonight:

. . . .A jury of three men and five women began deliberating the case on Wednesday afternoon. . . .

Judge Keenan asked the jury to decide several questions: Was Merck negligent in formulating Fosamax? Did the company fail to warn Mrs. Boles’s doctor of a known risk of the drug? Is Fosamax a defective product? And, if the jury answers yes to any of those questions, did that circumstance legally cause Mrs. Boles’s jawbone problems?. . . .

We'll let you know, here, when the verdict comes in -- and how it comes out.

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