On June 15, 2010, day five of the Fosamax retrial, the jury heard testimony from two more of the plaintiff’s witnesses, Dr. Daniel Baran and Dr. Curt Furberg.

The doctors used diagrams, charts, and tables to illustrate the proper use and benefits of Fosamax in treating osteoporosis.  According to their testimony, clinical trials have shown that Fosamax can be effective for a particular group of people for a limited period of time.  However, as the plaintiff’s counsel attempted to show the jury, Ms. Boles was not a member of that group.  The plaintiff argues that because Ms. Boles did not fit the criteria of the group in the clinical trial, Merck should not have led her to believe Fosamax would help her.  Instead of improving her health, Fosamax, as the plaintiff’s counsel argues, caused Ms. Boles’ exceedingly painful condition.  While the defense counsel attempted to discredit the doctors and limit the scope of their testimony, the plaintiff’s counsel emphasized the doctors’ credentials and the scientific results the clinical trials produced.

Tomorrow will kick-off with the conclusion of Dr. Furberg’s testimony and then proceed to testimony from the plaintiff’s remaining witnesses.

Published June 23, 2010 by