To those tracking the first product liability trial accusing Merck’s osteoporosis drug Fosamax of causing debilitating jaw bone deterioration, it should come as no surprise that a mistrial was declared on Friday. But the lead plaintiffs lawyer’s view of the eight-member jury’s failure to reach a verdict may be a bit more eyebrow-raising.

Last Wednesday, after one holdout juror complained of physical threats, Manhattan federal district court Judge John Keenan called for a daylong “cooling off period” to ease tensions in the jury room. But the day off on Thursday brought the jury no closer to agreement, according to lead plaintiffs counsel Timothy O’Brien of Levin Papantonio Thomas Mitchell Echsner & Proctor.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]