Major setback to Merck in Vioxx litigation

Many legal experts and scientists are of the opinion that Merck used somewhat weak argument to convince the jury in Atlantic City that Vioxx does not cause heart attack if taken for less than 18 months. Experts had argued that even rare or occasional use of the arthritis drug was enough to trigger a heart attack and lead to death. As many as 60,000 Americans have died due to personal injuries from the blockbuster drug Vioxx. However, Mike Humeston, the plaintiff in the Atlantic City trial lost his case, because of Merck's argument that many now find not convincing enough and likely to be strongly challenged through evidence.

In response, Judge Carol Higbee had suggested that the next few cases to go on trial should be of those victims who took the drug for more than 18 months. Merck's own research had shown that Vioxx was deadly after that period and the company announced a recall last year. However, the company strongly opposed Higbee's proposal since it is expected to lose all of these cases.

In a major setback to the company, Superior Court Judge Carol Higbee has decided that the next 7 cases to go on trial will include only New Jersey victims who suffered heart attacks after taking the drug for 18 months or more. The trial will begin January 30 of next year.

Vioxx attorneys will try to argue in forthcoming trials that the 18 month timeframe is simply an excuse that the company is using to run away from its liability. This issue will also be challenged later this month in the federal trial in Houston. There is a huge body of evidence that shows that the drug need not be taken for that long to see its serious side effects.

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