Wednesday, September 28, 2011

The Secrest Fosamax® ONJ Jury Is Deliberating

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. . . .


Condor said...

The two remaining federal trials in the series of six bellwethers will be Spano v. Merck & Co. Inc., No. 09 Civ. 6948, scheduled for trial on February 27, 2012, at 10:00 a.m., and Jellema v. Merck & Co., Inc., No. 09 Civ. 4282, scheduled for trial on May 7, 2012, at 10:00 a.m.

Just FYI.


condor said...

Oops -- that should be at least seven bellwethers (not six), above.