Tarek Ismail and Ken Baum Named Winning Litigators in The National Law Journal Special Report
In recognition of their resounding trial victory for Merck in the first Fosamax® femur fracture trial in the California statewide consolidated action, The National Law Journal featured Goldman Ismail partners Tarek Ismail and Ken Baum in its Special Report, Winning Litigators: High Stakes, Significant Victories.
The article highlights the verdict returned for Merck by the 12-member jury based on a new alternative causation theory that Tarek and Ken developed during expert discovery. As the poster-sized closing demonstrative of her radiology imaging showed, plaintiff’s leg fracture was caused by a bone lesion—not Fosamax. Merck’s Managing Counsel, James Holston, told The National Law Journal, "It was a significant win for Merck" in "the only 'active' docket involving Fosamax femur claims at the time".
Numerous voluntary dismissals of other cases in the litigation quickly followed this bellwether victory—a victory in a case that plaintiffs picked to try first—diminishing the number of cases in the California proceeding from around 600 to 300. For more about Tarek and Ken’s winning trial strategy, along with their trial tips, see the full article in The National Law Journal here. Additional press coverage of this recognition is available here and here.