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.

CHARGE BY COURT.

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.

Merck Wins Federal Bellwether Fosamax® Femur Fracture Jury Verdict: Glynn v. Merck

More soon -- but Judge Pisano let the case reach the jury, and the jury found in favor of Merck.

The ECF/PACER feed ran a little behind on this one -- but clearly, Judge Pisano held the Rule 50(a) motion hearing at 2 p.m. today, while the jury was deliberating.

Likely in large part, just to preserve a complete record on appeal, if the jury had come back in favor of the Glynns' -- and then, of course, Merck would have appealed the Rule 50(a) decisions. [The lawyers were waiting around the courtroom for a verdict already, anyway -- so why not?]

Even so, it seems there will be a pretty fullsome record. But with a jury verdict finding no liability for Merck, here, there will be only the narrowest of alleys for an appeal, for the Glynns.

From Merck's press release, as transcribed by Bloomberg (with a little additional perspective, below), then:

. . . .“We are pleased with the jury’s verdict. The company provided appropriate and timely information about FOSAMAX to consumers and the medical, scientific and regulatory communities,” said Bruce N. Kuhlik, executive vice president and general counsel of Merck. "We remain confident in the efficacy and safety profile of FOSAMAX, and will continue to always act in the best interest of patients. . . ."

The verdict was handed down today in federal court in Trenton, New Jersey, Merck said in a statement. The verdict couldn’t immediately be confirmed in court records. The case is the first to receive a verdict of about 3,300 femur-fracture lawsuits against the company.

Bernadette Glynn sued Merck over claims the company, based in Whitehouse Station, New Jersey, was aware Fosamax might cause brittle bones and increase fracture risks years before the drug was made available to the public. The case was seen as a bellwether for how other cases might be resolved. . . .

So it goes -- Q1 earnings next -- in two days' time.