Juror No. 6 Hands Judge Pisano A Note: Merck v. Glynn (Fosamax® Femur Fracture Trial) Still Underway

UPDATED | 04.17.13 @ 10:00 AM EDT: I suspect Judge Pisano will encourage Juror No. 6 to hang in there — unless either side’s attorneys strenuously object, and request No. 6’s removal. Even if No. 6 is excused mid-trial, the good news is that there are likely at least two alternate jurors, sitting right there, with the regular ones — hearing and seeing everything, in real time. By lot, one of the two of them will be seated as the new Juror No. 6. But as I say, I expect Judge Pisano will simply proceed, unabated. We will see if there is an order, tonight — replacing any juror(s). Carry on. [END, UPDATE.]

I’ll explain, mid-tomorrow morning — in some detail — what I expect the very able judge will do about this latest juror note (click to enlarge).

This makes a second one out of the jury box, during the pendency of the first federal Fosamax® femur fracture trial.

It is a near certainty that both sides, and the judge, asked potential jurors about whether medical images and video might be more than they could take. But I’ll save the rest for tomorrow — must bounce now.


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