Merck suffers several setbacks in Vioxx recall litigation
Things are getting very ugly for Merck. This past week, Merck suffered major setbacks as several rulings were made against the firm. In a blow to Merck’s argument that Robert Ernst (whose wife Carol Ernst is suing the firm in an ongoing first-ever Vioxx trial in the world) did not die of a heart attack, the judge is allowing Maria Araneta, the coroner, to testify that Ernst died of a heart attack. In a desperate attempt to block this damaging testimony, Merck is appealing to a Texas appeals court. Experts believe that if this testimony is presented, Merck will lose this case.
In a related development that counts another major setback to Merck, the International Union of Operating Engineers Local No. 68 Welfare Fund (joint union-employer trust fund which pays for prescription drugs purchased by its members for their consumption) has received OK from a New Jersey judge to file the first Vioxx class action lawsuit against Merck. Merck has vigorously fought for granting of class status to any lawsuit in ongoing Vioxx litigation.
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