Merck battles a war hero in second Vioxx trial

Posted by Administrator
September 6, 2005

When Merck faced Carol Ernst in Texas, many legal experts thought the company had a strong defense. Despite the fact that Bob Ernst was a marathon runner and almost a fitness addict, he did not die due to a heart attack. The company no longer has the same defense in the upcoming trial of Frederick “Mike” Humeston.

Humeston is not only a Vietnam veteran, he is also a decorated hero – recipients of not one, but two purple hearts. To make things even more difficult for Merck, he took Vioxx to relieve the pain sustained during the Vietnam war. With American troops fighting a war in Iraq for almost three years now, there is widespread sympathy for veterans and that will definitely help Humeston as the jury evaluates the evidence – mostly internal Merck documents that implicate the company.

Consequences of this case will be enormous for both sides. If Merck wins this case, it will boost its morale somewhat and it can argue that the Carol Ernst’s case was a mistake by the jury. It will once again anounce that it will vigorously appeal the verdict in Texas. It may also scale back the number of lawsuits that it will settle.

If Merck loses again, however, expect that the company will expedite the settlement process. After the Texas verdict, there has been a rapid growth in number of Vioxx lawsuits – and even from UK, Australia, France, and Italy.

Three things you should do

    Watch the New Jersey trial closely. The decision will have a huge impact on all plaintiffs.
    Keep your options open till then. It is perfectly fine to start the legal process but do not yet make up your mind either way. Discuss your options with your attorney.
    Research your case on your own by learning more about your reaction to the drug.

Recommended article: Legal experts closely watching the Humeston case

Vioxx

If you enjoyed this post, please consider to leave a comment or subscribe to the feed and get future articles delivered to your feed reader.

Comments

No comments yet.

Sorry, the comment form is closed at this time.