Closing arguments were completed yesterday, and the jury began deliberations late yesterday. Here is some background on this fourth Fosamax® ONJ bellwether trial. We will report the verdict -- up or down -- when it is reached.
And so -- it would seem that Merck's attempts to keep the case from reaching the jury have failed. From the overnight minute entry:
. . . .Minute Entry for proceedings held before Judge John F. Keenan: Jury Trial held on 9/27/2011. Jury deliberations begin. Deliberations to continue 9/28/11. . . .
Will this be another $8 million verdict against Merck (like Boles I)? Or a dismissal, as in the Rosenberg state court case, and the Maley and Graves bellwether cases? Do stay tuned -- as Hester (now replaced by Raber), and at least two more federal court bellwether trials -- are still to come. . . .