Fosamax MDL Plaintiff Slams Jury Instructions At 2nd Circ.

Law360, New York (January 8, 2013, 4:35 PM EST) -- A plaintiff who lost a bellwether jury trial in multidistrict litigation alleging Merck & Co.’s Fosamax causes jaw deterioration asked the Second Circuit on Tuesday for a retrial, saying a New York federal judge gave the jury improper instructions and erroneously granted summary judgment on her failure-to-warn claims.

Timothy O’Brien, an attorney for plaintiff Linda Secrest, told a three-judge panel that the lower court gave an improper jury instructions on Secrest’s strict liability design defect claim, adopting a risk-benefit analysis that departs from existing Florida law,...
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