The Plaintiff has presented all of her evidence in the Fosamax trial in New York. Merck has filed for judgment as a matter of law–asking the judge to rule that, even if everything the Plaintiff said was true, she did not meet her burden to prove her case. These motions are routinely made and denied. The Plaintiff’s case lasted about 10 days, and it is unlikely that the judge will find any significant errors in that presentation of evidence sufficient to take the case from the hands of the jury.
If the judge denies the motion, the defense will present their evidence.
See our original blog post on the trial here.