Garza Vioxx case trial preparations underway

Merck has resumed its attact on Vioxx victims hoping to minimize the number of lawsuits which now number over 9,000. The next product liability lawsuit is scheduled to go on trial later this month and it has been brought by the family members of Leonel Garza, a 71-year old man who died immediately after he took Vioxx for pain relief.

"We intend to defend these cases individually over many years," said Kenneth C. Frazier, senior vice president and general counsel of Merck in a written statement. "Merck acted responsibly - from researching VIOXX prior to approval in clinical trials involving almost 10,000 patients - to monitoring the medicine while it was on the market - to voluntarily withdrawing the medicine when it did."

The first case of Carol Ernst resulted in an award of over a quarter billion dollars while the second case resulted in a win for the company. The third case resulted in a mistrial and the case is scheduled to be retried in February.

Mr. Garza, died of a heart attack in 2001. Since he took the drug for less than 18 months, the company is expected to argue that Vioxx could not have caused his death. Many scientists now dispute Merck's research and the company has also lost its credibility further after it was found that its scientists did not disclose all the deaths in the VIGOR trial. The new evidence that has been presented by defense lawyers shows that even occasional or rare use of Vioxx can be a killer.

Texas State District Court Judge Alex W. Gabert will preside over the case. Joe Escobedo Jr. is the lead attorney representing the Garza family and Ted Mayer of Hughes Hubbard & Reed is the lead counsel for Merck.

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