This is the third FOSAMAX case to go to trial. The first case to be tried to a verdict, Maley v. Merck, resulted in a defense verdict for Merck in May 2010. The second case to be tried to a verdict, Boles v. Merck, initially resulted in a mistrial in September 2009 after the jury was unable to reach a unanimous verdict. A retrial of that case in June 2010 resulted in a plaintiff verdict, which has since been reduced by Judge Keenan and which Merck is appealing. The Graves case was selected by the MDL for a bellwether trial to replace the Flemings v. Merck case that was dismissed when the court granted Merck's motion for summary judgment. The judgment dismissing the Flemings case was affirmed on appeal by the U.S. Court of Appeals for the Second Circuit in November 2010. As of September 30, 2010, approximately 1,180 cases, which include approximately 1,560 plaintiff groups, had been filed and were pending against Merck in either federal or state court.

SOURCE Merck & Co., Inc.