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Sep 11, 2009 1:44 PM by Associated Press

Judge declares mistrial in first Fosamax trial

A federal judge has declared a mistrial in the first trial over whether Merck & Co.'s osteoporosis drug, Fosamax, causes painful jaw bone destruction.

Jurors in the month-long trial in Manhattan had been saying since Monday that they couldn't reach a verdict. Deliberations deteriorated to the point that lawyers waiting in the courtroom could hear screaming coming from the jury room and one female juror said another juror threw a chair at her.

After just an hour of deliberations today, Judge John F. Keenan declared a mistrial in the case of plaintiff Shirley Boles.

The 71-year-old Fort Walton, Fla., woman alleged she developed severe dental and jaw-related problems several years after she began taking Fosamax in 1997 and now can only eat soft food.

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