On June 8, 2010, the first day of the Fosamax retrial of Shirley Boles v. Merck began with the plaintiff’s attorney, Timothy O’Brien, and the defense attorney, Paul Strain, giving their opening statements. Each attorney gave an hour-long multimedia presentation outlining how he intended to prove his respective case. Mr. O’Brien intends to prove that Ms. Boles, a dedicated officer of the law, has been severely injured by Fosamax, a defective drug, which caused the death of her jaw (ONJ).  Mr. Strain intends to show that Ms. Boles’ ONJ was the result of other factors and was not caused by Fosamax.

After the lunch break, the plaintiff began questioning witnesses.  The first two witnesses, Dr. Michael Goldberg, a former Senior Director of Clinical Risk Management and Safety Surveillance for Merck, and Dr. Thomas Martin Bold, the current Senior Director of Clinical Risk Management and Safety Surveillance for Merck, testified via a video-taped deposition.  The plaintiff’s third and final witness for the opening day of the trial was James Randall Hollon, plaintiff Shirley Boles’ son.  Mr. Hollon testified in person and recounted first hand what it has been like for his mother to struggle with ONJ.

Published June 23, 2010 by