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Merck & Co., Inc. said that a mistrial was declared by U.S. District Court Judge John F. Keenan in Boles v. Merck, the first FOSAMAX case to go to trial. This case was the Plaintiffs’ Steering Committee's first choice to take to trial. The Boles case was tried in New York federal court and involved a Florida woman who blamed her dental and jaw problems on FOSAMAX. After several days of deliberations by an eight person jury, Judge Keenan declared a mistrial because the jury did not reach a unanimous verdict.


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