New Jersey Vioxx trial is underway
The jury has been selected, the opening arguments completed, and the trial has begun in the case of Frederick “Mike” Humeston versus Merck. Since Merck recalled Vioxx just about an year ago, this is only the second case to go on trial though approximately 5,000 lawsuits have already been filed. On the opening day, the statements from both sides did not include anything new. In fact, experts expect that it will be a rather dull trial. Chris Seeger, the attorney for plaintiff Humeston, is not going to try anything new. He is expected to use the same line of argument that was very successfully used by Mark Lanier in the Carol Ernst vs. Merck trial in Texas that resulted in a victory for the widow of Robert Ernst.
The jury
The 10 jurors include seven women and three men. While the jury in Texas was accused by Merck and other business-friendly columnists of being poorly educated and incapable of understanding complex issues involved in drug injury lawsuits, it will be hard to make that argument this time. One juror is an experienced prosecutor while three other women are all college-educated with professional careers.
The attorney and plaintiff
We have already profiled both Chris Seeger and Mike Humeston in a previous article.
Defendant
Merck, the drugmaker, has not changed its legal strategy for this case. It will argue that Vioxx was not responsible for Humeston’s heart attack since he did not take it for 18 months – the period after which Vioxx starts to hurt its victims. It is expected that Seeger will highlight the fact that Humeston is a twice-decorated marine, has never smoked in his life, and has been in good health.
Recommended article: Chaos within Merck
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