Litigation News

An independent resource on litigation related to recall of drugs and personal injuries resulting from prescription medication.

Friday, September 16, 2005

Merck fails to block cardiologist's testimony

We had reported earlier that during the pre-trial stage, Merck legal team had tried to block Dr. Benedict Lucchesi among others from testifying. Now as we said before Dr. Lucchesi is not just another doctor on the block. He is actually one of the most respected experts in the field of heart diseases not only in the US but worldwide. And if that does not impress you enough, he was on the team that built the pacemaker.

Well, Merck another unsuccessful attempt to block him from testifying but Judge Carol Higbee rejected it on the simple ground that the company had its chance at the pre-trial stage and it is too late to change the rules. One of the key points that he is expected to make is that even though Mike Humeston took the Vioxx for a very short period of time, the damage was done and he suffered from a heart attack. This is a direct onslaught on Merck's central argument that Vioxx killed only those people who took the drug for more than 18 months.

Related article: Merck's approach invites reprimand from judge and even threat of a mistrial