Merck expected to lose Texas case
Prudential analyst Timothy Anderson is expecting that Merck will lose its first Vioxx lawsuit filed by Carol Ernst, widow of Robert Ernst, who passed away after taking the drug for pain relief. During the mid point of the trial, the New York Times put together an analysis that clearly showed that Merck failed to defend itself and the attorney for Ernst (Mark Lanier) put forward compelling evidence of how the company hid the dangers of the drug and focused on profits.
Merck has now rested its case and a decision is expected this week itself. The way in which Merck lawyers have formulated their legal strategy, they will “win” even if they lose. If Merck really wins, they will claim a huge victory and use the win to discourage other 100,000 or so plaintiffs to proceed forward with their lawsuits. If Merck loses, they will simply characterize it as just one case and how they plan to deal with each case individually.
This is just the start of legal troubles for Merck no matter what the outcome in this case. Another trial is coming up very soon and the federal trial is scheduled to start after Thanksgiving this year.
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