Mistrial Declared in First Fosamax Lawsuit
When 71-year-old Fort Walton, Fla., native Shirley Boles developed severe dental and jaw-related problems after she began taking Fosamax in 1997, she decided to file a product liability lawsuit against the drug’s manufacturer. Now only able to eat soft food, she is seeking restitution for her degenerative injuries
Fosamax, Merck & Co.’s primary osteoporosis drug, is said to be the cause of her condition and deliberations had begun as to whether this was the case. The trial, which was being overseen by Manhattan federal court Judge John F. Keenan, hit a snag when jurors were unable to reach a unanimous verdict. At one point in the trial, screams could be heard coming from the jury room. A female juror also claimed that a fellow juror threw a chair at her.
The misconduct lead Judge Kennan to declare a mistrial. No date has been set in regards to a follow up proceedings.
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