Merck internal documents help Vioxx victims
In the courtroom immediately after the verdict that found Merck guilty of causing the death of Robert Ernst, a reporter asked Mark Lanier how he had won the case. “The documents,” he replied. “The documents tell the truth.” That is exactly what is helping the plaintiffs. While Merck makes oral statements that claim its innonence, the paper trail tells a different story. Since the day the drug was recalled, almost 7 million pages are being reviewed by attorneys and they have found compelling evidence against the drugmaker.
For instance, the jury in Texas was convinced that Merck did not do the right thing by not disclosing the risks of Vioxx after an internal memo showed that they could get an additional $229 million in revenue if they could drag the label changes. There are other documents and videos that show that Merck was not forthright in talking about risks.
The fact that Carol Ernst won her case so easily (despite the fact that Merck was expected to win it) has given a blueprint to other lawyers. In an interview with the Boston Globe, Chris Seeger, the attorney for Mike Humeston (whose lawsuit against the company is scheduled to go on trial in September), says that he will essentially use the same set of documents that were used in Angleton, Texas.
But is the task going to be as easy as in Texas? After all, Merck is based in New Jersey and the residents may have a soft corner for a company that provides employment to thousands. LexisNexis experts say that Merck has the probability of doing “better” this time perhaps due to a more affluent and/or sympathetic jury and examples in the first trial from which to learn.
But Merck has to keep winning if it is really so convinced about its innocence. The federal trial in the death of Richard Irvin Jr. (his widow Evelyn Irvin Plunkett is represented by Andy Birchfield) starts after Thanksgiving this year, but prior to that another trial starts in Texas in October and Merck will face off Mark Lanier once again. According to AP estimates, the total number of Vioxx lawsuits is already 5,000 plus and rapidly growing.
Related article: Merck continues its attack on Vioxx victims
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