It wasn't a big surprise that the jury couldn't reach a verdict two days after one juror complained of physical threats in the jury room. But lead counsel for the 71-year-old plaintiff told us Merck ought to be worried about what the mistrial portends for the 900 other Fosamax cases it faces, given that pretrial rulings limited the evidence he was permitted to present.

Will the third time be the charm for plaintiffs who claim Merck's osteoporosis drug caused crippling damage to their jaws? Thanks to Manhattan federal judge John Keenan's refusal to grant Merck's motion to dismiss, we'll find out at a trial beginning in April.