Fosamax Judge Calls A Mistrial In Bellwether Case

Law360, New York (September 11, 2009, 6:14 PM EDT) -- The judge in charge of the first trial over Merck & Co. Inc.'s osteoporosis drug Fosamax declared a mistrial Friday after the jury told the court it was hopelessly deadlocked and could not reach a unanimous verdict.

The mistrial came two days after Judge John Keenan of the U.S. District Court for the Southern District of New York ordered a daylong break from deliberations as reports emerged of tension among the eight jurors.

Lawyer Timothy O'Brien, who represents plaintiff Shirley Bole in the case and moved...
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