In other federal Fosamax® case news, Shirley Boles, the ONJ plaintiff who originally won $8 million (subsequently reduced to $1.5 million by Judge John F. Keenan, in Manhattan) — is now subject to a confidential settlement agreement.
In Rhoda Scheinberg’s just recently completed ONJ case (she won $285,000) — Merck has filed a motion for judgment as a matter of law, post the jury award, and has indicated if it loses that motion — it intends to appeal to the Second Circuit Court of Appeals.
Thus, at the moment, Mrs. Scheingberg’s lawyers are prevented from recovering their bill of costs related to the litigation, all as allowed by federal rules — until the Merck appeal is decided — even though they won — at trial.
Here is a bit of that March 21, 2013 order, from Judge John F. Keenan in Manhattan:
. . . .Merck has filed a motion for judgment as a matter of law under Rule 50(b), which is currently being briefed by the parties. According to Merck, should its 50(b) motion be denied, it will file an appeal with the Second Circuit. . . .
No word yet, on when the next New Jersey state court Fosamax femur case will go to trial, now that Mrs. Su must recover from her heart attack before that case may be retried. I’ll keep an eye out, though, just the same.