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IN RE FOSAMAX PRODUCTS LIABILITY LITIGATION

No. 06-MD-1789-JFK.

742 F.Supp.2d 460 (2010)

In re: FOSAMAX PRODUCTS LIABILITY LITIGATION, This Document Relates to: Shirley Boles v. Merck & Co., Inc. Case No. 1:06-cv-09455-JFK.

United States District Court, S.D. New York.

October 4, 2010.

Attorney(s) appearing for the Case

Timothy M. O'Brien, Esq., Levin Papantonio Thomas Mitchell, Echsner Rafferty & Proctor, P.A., Gary J. Douglas, Esq., Douglas & London, P.C., for Plaintiff Shirley Boles.

Norman C. Kleinberg, Esq., Theodore V.H. Mayer, Esq., William J. Beausoleil, Esq., Hughes Hubbard & Reed LLP, Paul F. Strain, Esq., David J. Heubeck, Esq., Stephen E. Marshall, Esq., Venable LLP, for Defendant Merck Sharp & Dohme Corp.

OPINION & ORDER

JOHN F. KEENAN, District Judge:

This case was selected by the Plaintiffs' Steering Committee as a bellwether case in this multidistrict products liability litigation concerning Defendant Merck Sharpe & Dohme Corp.'s ("Merck" or "Defendant") prescription drug Fosamax. The case went to trial in August 2009 and ended in a mistrial after the jury could not reach a unanimous verdict. The contentious re-trial in June 2010 culminated...

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