Rudolph Arrigale, Lawrence Appell case mistrial

Rudolph Arrigale and Lawrence Appell from California are blaming Merck for knowing the dangers of the painkiller but not disclosing these to them, their physicians, and the FDA. They say that if they knew that the painkiller was deadly, they would have never taken it. In the trial, the jury got deadlocked over the issue of Merck's responsibility for communicating the risks and dangers.

Brian Panish, the plaintiff's attorney is asking for a retrial. Retrial in the case of Frederick "Mike" Humeston (Mark Lanier is his attorney again) is in progress in Atlantic City. The other new case being tried has been brought by Kathleen Hermans Messerschmidt (represented by Christopher Seeger), sister of Brian Hermans who died at the young age of 44 after taking Vioxx.

In a related development, a New Jersey court is also directing Superior Court Judge Carol Higbee to allow medical monitoring of patients who took the drug but did not suffer any cardiovascular complications right away. In another judgment, the Vioxx class action lawsuits are also going forward.