Secrest v. Merck, Sharp & Dohme Corp.

SUMMARY ORDER

Plaintiff-Appellant Linda Secrest appeals from an October 5, 2011 judgment of the United States District Court for the Southern District of New York, following a jury verdict for Defendant-Appellee Merck, Sharpe & Dohme Corp. on her design defect claims. Secrest alleges that she suffered osteonecrosis — bone death— of the jaw (“ONJ”) as a result of taking Merck’s prescription osteoporosis drug, Fosamax. On appeal, Secrest contends that: (1) the District Court erred in granting Merck summary judgment on her failure-to-warn claim; (2) the District Court’s jury instructions did not…