Quoted from http://www.bloomberg.com/news/2010-10-04/merck-fosamax-verdict-reduced-to-1-5-million-from-8-million.html
Merck Fosamax Verdict Cut to $1.5 Million From $8 Million
By Bob Van Voris - Oct 4, 2010 6:53 PM ET
A federal judge cut a jury award against Merck & Co. in a lawsuit over its Fosamax osteoporosis drug to $1.5 million from $8 million while upholding the verdict in the case.
U.S. District Judge John F. Keenan in Manhattan today denied Merck’s request for a defense verdict or a new trial. The case resulted in a verdict for Shirley Boles, a 72-year-old Fort Walton Beach, Florida, woman who claimed she developed osteonecrosis of the jaw, or so-called jaw death, from taking Fosamax.
Keenan ruled that the $8 million verdict was unreasonably high. He said Boles may choose between a reduced award of $1.5 million or a retrial to determine damages.
“A significant damage award is warranted, but the $8 million deviates substantially from what would be reasonable compensation,” Keenan wrote.
Merck said it will appeal Keenan’s refusal to throw out the verdict entirely or to order a new trial.