Monday, April 29, 2013

The Federal Fosamax® Jury Deliberated For Just A Little More Than An Hour. . .

The court's rundown of how the day actually unfolded is on PACER now -- and it offers some interesting details -- including two additional juror requests/questions, via notes passed to Judge Pisano:

. . . .Trial with jury continued before the Honorable Joel A. Pisano.

Case management conference held.

All jurors (8) present.


Ordered lunch provided to the jury (8) at the expense of the Court (Sianna’s Food Service).

Jury note #3 submitted at 10:34 a.m. [Asking what a "learn and treatise" might be. . . that's a learned treatise.]

Ordered jury note # 3 request taken under advisement.

Paul Pennock - Summed for Plaintiffs

Court recess: 12:10 p.m. to 12:45 p.m.

Chilton Warner - Summed for Defendants

Judge Pisano gives final charge to the jury.

Ordered jury to commence deliberations at 2:10 p.m.

Jury note #4 submitted at 2:30 p.m. [A request for a light box, to view x-rays.]

Ordered jury note #4 request Granted.

Ordered Court Security Officer sworn.

Jury returned to Court at 3:30 p.m. with the VERDICT - The plaintiff did not prove her case.

Ordered jury polled and all members concurred with verdict as rendered by their foreperson.

Ordered jury excused.

Ordered judgment DEFERRED until later date.

Ordered trial with jury concluded.

Ordered an in-person status conference set for 4/30/2013 at 9:30 a.m.

Ordered exhibits returned to counsel.

Time commenced: 9:15 a.m.

Time adjourned: 4:30 p.m.

Total hours: 7 hours & 15 minutes. . . .

So the closing arguments/summations all occured today. This is a very strong win for Merck, but I wouldn't read too much into it -- as Mrs. Glynn's fact-pattern included a wrinkle.

The wrinkle? Merck was able to show that the FDA had ruled against Merck, and effectively prevented Merck from changing its warnings related to Fosamax®, at just about the same time -- on the agreed timeline -- as Mrs. Glynn suggested that had she been warned about the fracture risks, she would have discontinued using the drug. But Merck was able to truthfully say that it could not -- as a matter of law -- have given that warning, at that time.

FDA apparently decided that (at that time) the science thus far adduced didn't fully support the link between Fosamax and the femur fractures. That has now changed -- as the warning now appears on the FDA-approved insert.

So. . . now you know.

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