Serious blow to Merck as judge allows damaging testimony
We had reported earlier that damaging testimony by Maria Araneta may prove disastrous to Merck’s defense. In a serious blow to the company, Judge Hardin is allowing Mark Lanier, attorney for Carol Ernst to present her testimony to the jurors. Merck has tried to block her from testifying before the jury on the basis of a lame argument that they were not told about her being a witness prior to the start of first ever Vioxx trial in the United States.
Merck has been arguing all along that Robert Ernst did not die from a heart attack, but Araneta has testified that he actually did die from a heart attack. The decision by Judge Hardin clearly helps the case of Carol Ernst. If Merck loses this case, it will be a big setback to Merck’s position that Vioxx was not a dangerous drug and it did not kill even a single American (though FDA estimates that tens of thousands of Americans have died after taking Vioxx). Due to this inconsistency, Merck is being targeted with over 100,000 lawsuits.
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