Fosamax Mistrial

The big bellwether trial against Merck involving allegations that its osteoporosis drug Fosamax causes jaw bone deterioration (a can best be described as “absolutely awful”) has come to an end when the judge declared a mistrial. What does that mean? It means they are going to have to try the case all over again.

There are over 900 more cases and this case was supposed to set the tone for future settlements. Merck was real successful in this case in keeping away from the jury a lot of awfully incriminating evidence. So I think they really wanted a verdict in this case that might not be representative of the merits of the other Fosamax cases when all of the evidence is heard. Admittedly, it sounds that Merck’s lawyers had the jury on this one. But it will be tried again.

You can read about the trial and the reasons for the mistrial here.

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