Oct 2011
Goldman Ismail Wins Complete Defense Verdict for Merck in Bellwether Fosamax Trial
After a three-week trial in federal court, on October 2, 2011, a jury in the Southern District of New York rendered a unanimous defense verdict for Merck & Co., Inc. in a products liability case. In
Secrest v. Merck & Co., Inc., Plaintiff alleged that her use of Merck’s osteoporosis medication, FOSAMAX
®, caused her permanent dental and jaw-related problems. The Plaintiffs’ Steering Committee selected the
Secrest case as a bellwether trial in the federal multidistrict litigation pending before the Honorable Judge John Keenan. Chilton Varner of King & Spalding LLP, Andrew Goldman of Goldman Ismail Tomaselli Brennan & Baum LLP, and Stephen Marshall of Venable LLP tried the case for Merck. In addition to Andrew Goldman, the Goldman Ismail trial team included Ken Baum and Jennifer Greenblatt.