Judge declares mistrial in Merck's Fosamax case
12 Sep 2009
US district Judge John Keenan declared a mistrial in the case against global pharmaceutical major Merck over the drugmaker's osteoporosis drug Fosamax.
"I'm declaring a mistrial," Keenan said. "The jury is excused."
The trial, Boles v. Merck, is the first Fosamax case to go to trial.
The Boles case was tried in New York federal court and involved Shirley Boles, 71, of Fort Walton Beach, Florida, who blamed her dental and jaw problems on Fosamax.
Boles said she developed osteonecrosis of the jaw, or ONJ, in October 2003, before Merck said it had reports of the disease. She asked for $1 million in damages. Keenan ruled out punitive damages in her case.
After several days of deliberations by an eight-person jury, Judge Keenan declared a mistrial because the jury did not reach a unanimous verdict.
