Welcome back, everyone. We hope your weekend was refreshing and put to good use. Now, of course, the routine returns, although this is a short week on this side of the pond. Nonetheless, meetings and deadlines loom, if only for a little while. So please join us as we brew the mandatory cup of stimulation and peruse the news of the world. Hope your day goes well and stay in touch...
Bayer & Regeneron Eye Drugs Show Good Results (Bloomberg News)
Genzyme Considers New Sanofi Deal Structure (TheStreet)
FDA Approves 2nd Human Study Of Embryonic Stem Cells (Associated Press)
Merck Wins Fosamax Trial (The New York Times)
VR Labs To Build HQ In Florida (Fort Myers News-Press)
Advair Poses Generic Hurdles (The Wall Street Journal)
1 Comment
Good stuff Ed! Now on the Fosamax® "no liability" verdict of Friday night:
Generally-speaking, appeals of "no liability" jury verdicts rarely result in a win for the party seeking the appeal -- as jury verdicts, particularly as to purely-factual matters, are rarely disturbed by appellate courts. However, it would seem that Mrs. Graves' lawyers intend to greatly improve their chances on their particular appeal -- by claiming that Judge Keenan made errors "on the law applicable to the case", and those, by contrast, are regularly the basis of a new trial for many plaintiffs -- plaintiffs like Mrs. Graves.
Specifically, it is claimed that Judge Keenan excluded relevant expert testimony (most-commonly here, of a doctor, who would likely have testified that, in his opinion, Fosamax was at least partially the cause of injuries that led to portions of Mrs. Graves' jaw being amputated, and replaced with metal plates). If the jury had heard that sort of opinion testimony, it might have gone the other way. Here is a bit of tonight's Wall Street Journal report -- with Chad Bray, on the keyboard:
". . . .Timothy O'Brien, a lawyer for Ms. Graves, said he was disappointed with the verdict and believed several rulings by the judge restricted the lawyers' ability to try their case, including a ruling excluding their expert witness. He said they plan to appeal.
"We'll keep fighting for Ms. Graves," Mr. O'Brien said. . . ."
Stay tuned. There are about 1,400 of these pending.
Namaste