The Plaintiff Takes the Stand in Fosamax Retrial
On June 17, 2010, the final day of the plaintiff’s case, the plaintiff started the day with two video depositions and ended with Ms. Shirley Boles taking the stand. The video depositions were of Dr. Donald B. Kimmel, a Merck employee who was the former Director of Molecular Endocrinology, and Dr. Patrick J. Anastasio, the plaintiff’s doctor who is an infectious disease specialist. Dr. Kimmel admitted he had spent 60 hours with the defense counsel preparing for the deposition, and tried to persuade the jury that there was insufficient information to prove that Fosamax causes ONJ. In contrast, Dr. Anastasio, who treated the plaintiff in 2007, testified that he believes that Fosamax caused Ms. Boles’ ONJ.
Next, Shirley Boles, a soft-spoken, seventy-two year old women and former deputy sheriff from Fort Walton Beach, took the stand. She testified that since taking Fosamax in 1997, she has experienced excruciating mouth pain and jaw problems which have forever changed her life. Despite Ms. Boles’ other medical issues, she testified that she had only taken seven sick days from work during her twenty-seven plus years on the force. After cross-examination, a re-direct examination, a re-cross-examination, and re-re-direct examination, the plaintiff conditionally rested her case.
Monday, Merck will start presenting its case.