Plainly, I guessed too low, this morning, over at Yahoo! -- but I had the arrow pointing in right direction [which (perhaps immodestly) was no mean feat, given the complete loss in Maley v. Merck, entered in the same courtroom, in May 2010. In addition, in one earlier case -- Fleming v. Merck, Merck won summary judgment from Judge Keenan]:
. . . .I'll go out on a limb, here, and despite the earlier mistrial (in Boles I) -- I'll predict low seven figures in damages for Ms. Boles. There are 1,100 additional cases pending, like this one. . . .
Do the math -- that's a "double Vioxx®". Timothy O'Brien, Mrs. Boles lawyer said tonight that the jury found Fosamax was a "defectively designed" product, and that Mrs. Boles felt "vindicated". It's a good thing she didn't fold, after the first mistrial was declared. I bet Juror No. 5 -- the reportedly lone holdout juror, from Boles I -- feels vindicated, as well [click from note from Boles I, to enlarge]:
Next Fosamax "bellweather" (or, "bellwether," if one prefers the Old Middle English spelling!) trial: November 2010 -- same courtroom, same very able federal trial judge.
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