Vioxx cases increasing rapidly now near 5000

MSNBC is reporting that based on what Merck lawyers have told U.S. District Court Judge Eldon Fallon the number of Vioxx lawsuits is rapidly growing. It actually saw its highest growth since mid-July. Apparently, the media coverage related to Carol Ernst's case going to trial motivated other Vioxx victims to come forward.

The number is now approaching 5,000 and with the current rate of growth, it is expected to even double or triple during coming months. Judge Fallon will start the federal trial on November 28 this year and then subsequent trials are scheduled for February 13, March 13, and April 10 in 2006.

Since losing the Ernst vs. Merck case last week, the company is trying to get ready for the upcoming trial but most analysts expect that if the same evidence that Mark Lanier has presented is used by Chris Seeger, the attorney for the plaintiff Frederick M Humeston, Merck will lose the case once again. The company is so concerned that it may lose the case that it is asking Judge Carol Higbee to delay the trial by 45 days. A decision is awaited.

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