Fosamax Jurors Can Consider Plaintiff's Smoking

Law360, New York (June 23, 2010, 7:01 PM EDT) -- A judge has refused to bar jurors from considering the possible effects of plaintiff Shirley Boles’ smoking habit in deliberations over whether Merck & Co.’s osteoporosis drug Fosamax caused her to develop osteonecrosis of the jaw.

Judge John F. Keenan immediately rejected Boles attorney Timothy O’Brien’s request for judgment as a matter of law on the smoking claims following the completion of witness testimony in Boles’ case on Monday in the U.S. District Court for the Southern District of New York.

Noting that Boles, in her...
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