Book 1-Fosamax and the Prisoners of the Jury Box: The Hung Jury: jury failed to reach a verdict (7-1 in favor of defendant)
Book 2-Fosamax and the Closing Argument of Fire: Outrageous Misconduct: the second trial, due to plaintiff’s counsel’s outrageous and unprofessional conduct, resulted in an $8 million verdict
Book 3-Fosamax and the Order of Remittitur: The court denied defendant’s motions for judgment as a matter of law and for a new trial but reduced the verdict to $1.5 million (by the way, plaintiff rejected the reduced verdict and requested a new trial on damages)
a plaintiff [may] establish that a prescription drug is defective by showing that its risks outweigh its benefits for a subset of the patient population for whom the drug is indicated, regardless of the risk-benefit calculus for the indicated patient population as a whole?
In re Fosamax, 2011 U.S. Dist. LEXIS 72123, at *26. Now the Second Circuit has to be persuaded to hear the appeal.
the risks of a product outweigh its benefits from an objective standard–from the perspective of the population at large and not merely from the perspective of a particular user or group of users.