When the first Fosamax products liability trial against Merck ended in a mistrial last September, plaintiff counsel Timothy O’Brien of Pensacola’s Levin Papantonio Thomas Mitchell Echsner & Proctor wanted to know where he had gone wrong. He got the answers straight from the horse’s mouth.
“I learned a lot about what the last jury absorbed,” said O’Brien, who received permission to speak with the first trial’s jury foreperson from the trial judge, U.S. District Judge John Keenan in New York. “In the retrial, we simplified our message, and we now know how to try these cases. I call it my $500,000 focus group.”
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