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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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