Boles v. Merck & Co., Inc.
| 1:2006cv09455 |
| October 17, 2006 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| John F. Keenan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| Defendant |
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Filing
333
OPINION AND ORDER. For the reasons stated above, the Court certifies that the following is a controlling question of law as to which there is substantial ground for difference of opinion: May a plaintiff establish that a prescription drug is defectiv e by showing that its risks outweigh its benefits for a subset of the patient population for whom the drug is indicated, regardless of the risk-benefit calculus for the indicated patient population as a whole? Furthermore, the Court finds that an imm ediate appeal from the Court's October 4, 2010 Order will materially advance the ultimate termination of this case, as well as the Fosamax MDL. Therefore, the Court CERTIFIES the above question for review by the U.S. Court of Appeals for the Sec ond Circuit pursuant to 28 U.S.C. § 1292 (b). Proceedings in the case of Boles v. Merck & Co. Inc., No. 06 Civ. 9455 (JFK), are STAYED pending resolution of the appeal or denial of interlocutory appellate review by the Second Circuit. However, n o other proceedings in the Fosamax MDL are stayed by this Opinion and Order. Re: (309 in 1:06-cv-09455-JFK) MOTION for Leave to Appeal Motion to Certify This Matter for Interlocutory Appeal filed by Merck & Co., Inc. (Signed by Judge John F. Keenan on 6/29/11) Filed In Associated Cases: 1:06-md-01789-JFK -JCF, 1:06-cv-09455-JFK(rjm)
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Filing
298
OPINION AND ORDER: Merck's motions for a new trial and for judgment as a matter of law are denied. Nevertheless, the Court believes the $8,000,000 verdict is excessive and orders a remittitur. Plaintiff has the choice between a new trial on damages and a reduced verdict in the amount of $1,500,000. Plaintiff shall notify the Court within twenty-one (21) days from the date of this Order whether she accepts the reduced verdict or chooses a re-trial on the issue of damages. (Signed by Judge John F. Keenan on 10/4/2010) Filed In Associated Cases: 1:06-md-01789-JFK -JCF, 1:06-cv-09455-JFK(jpo)
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Filing
187
MEMORANDUM AND OPINION re: (171 in 1:06-cv-09455-JFK) MOTION for Judgment as a Matter of Law. filed by Merck & Co., Inc. Merck's motion for judgment as a matter of law is granted in part, and denied in part. Plaintiff failed to introduce evidenc e at trial to support proximate causation on her failure to warn claims, and therefore those claims are dismissed. Plaintiff presented sufficient evidence for a reasonable jury to find in her favor on the design defect claims. SO ORDERED. (Signed by Judge John F. Keenan on 3/26/2010) Filed In Associated Cases: 1:06-md-01789-JFK-JCF, 1:06-cv-09455-JFK(jmi)
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Filing
133
MEMORANDUM OPINION AND ORDER # 97845. Mercks motion for summary judgment is granted in part and denied in part. The motion is granted on Plaintiffs negligence, strict liability, and fraudulent misrepresentation and concealment claims to the extent th ese claims are predicated on (a) Plaintiff's developing ONJ later than September 2003 and (b) Fosamax's aggravating Plaintiff's already existing ONJ. The motion is also granted on Plaintiff's request for punitive damages. The motion is denied in all other respects... and as further set forth. (Signed by Judge John F. Keenan on 8/5/09) Filed In Associated Cases: 1:06-md-01789-JFK-JCF, 1:06-cv-09455-JFK(rjm)
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