Sunday, December 12, 2010

More Of The Expected Fosamax® ONJ Secrest Case: Expert Testimony Previews


As promised, here is another installment of the expected Secrest v. Merck expert testimony (see link for background). All of this information is public domain (as is practically every word I post here), from a public "Fosamax® ONJ bellwether trial record" via a filing made in federal court -- in lower Manhattan -- last Friday:

. . . .Dr. Philip Marciano

For testimony by deposition, please see his deposition taken in this case. If called live, Dr. Marciano is anticipated to testify regarding the following matters under FRE 702, 703, and 705.

Dr. Marciano is anticipated to testify about his medical background, training, and experience and his care and treatment of Linda Secrest. Dr. Marciano is anticipated to testify that Fosamax causes osteonecrosis of the jaw. He is further anticipated to testify that Linda Secrest developed osteonecrosis of the jaw in the Spring of 2004 as a result of her use of Fosamax and that she also developed osteomyelitis as a secondary complication ofher use of Fosamax.

Further, Dr. Marciano is expected to testify that her continued use of Fosamax through March 2005 likely prolonged and complicated her course of recovery. Dr. Marciano is anticipated to testify that Linda Secrest had Sjogren's syndrome which put her at risk for dental problems, but not jaw problems.

The bases for Dr. Marciano's opinions include his background, training, and experience, his familiarity with the medical and dental literature regarding bisphosphonate-induced osteonecrosis of the jaw, his care and treatment of Linda Secrest, including his medical records and chart for Linda Secrest. . . .

Stay tuned -- Jury selection is now slated to begin on March 14, 2011.

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