Tuesday, October 05, 2010

Fosamax: Verdict Set Aside, Plaintiff's Counsel Sanctioned

Merck KGaA's logoImage via WikipediaIn Federal Court, the Judge has released opinions in all the Fosamax® ONJ post-trial matters pending n the federal District Court located in Manhattan. The Judge hammered Plaintiff’s counsel with an on-the-record dressing down in a published opinion.

Keenan ruled that the $8 million verdict was unreasonably high. He said Boles may choose between a reduced award of $1.5 million or a retrial to determine damages.

“A significant damage award is warranted, but the $8 million deviates substantially from what would be reasonable compensation,” Keenan wrote.

Merck said it will appeal Keenan’s refusal to throw out the verdict entirely or to order a new trial.

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