Merck starts its defense from a weak position
The first Vioxx trial that awarded over a quarter billion dollars to Carol Ernst and dealt a blow to Merck’s efforts to take charge of Vioxx recall litigation also brought the role of the jury into the spotlight. Many analysts ridiculed the jurors by mentioning their low level of education, lower incomes, incapability to appreciate complexities of the case, etc. The argument was that if jurors were all smart people, Merck would have won the case.
Jurors in Humeston case
Well it so turns out that jurors in the Mike Humeston case might just fit that definition – too smart. As the trial is going on, the jurors are asking questions in real time and the information is publicly available, particularly because the trial is being broadcast live and Vioxx attorneys anywhere in the world can watch it.
The difference in the constitution of the jury this time is that it is more representative of middle-class America, which could be somewhat more appreciative of the tricks that companies use and how Merck may have operated in the gray legal zone almost all the time.
Merck legal to team to start defense
In general, Chris Seeger has done an admirable job in presenting his case. Mike Humeston was a healthy man with hardly any chances of getting a heart attack, and if he got one, the only trigger must have been Vioxx. He also has powerful testimony from several experts. Merck, on the other hand, has to recover from all the negative information about its intentions, more specifically the revelation that it let patients die on its watch and that it fought all efforts by the FDA to make the public aware of the risks of Vioxx. Like the previous trial, the emails and other internal Merck documents are hurting the company.
Related article: Merck will find it difficult to defend its position
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