Merck faces more trouble in Vioxx recall litigation
Analysts argue that despite Merck’s slick public relations campaign after its victory in Atlantic City, its legal troubles have just started. The only important message from this trial is that Vioxx victims who took the drug for only short periods of time and have suffered only minor injuries might be better off settling the case (most legal experts believe that Merck will eventually settle cases out of court after scoring a few victories in order to increase its negotiation power) than taking their cases to trial.
So what went wrong in the Humeston case?
Unlike Carol Ernst who won a quarter billion dollars for being the widow of a man who took the drug for a long period of time and died, Humeston took it only for two months, survived the heart attack, and appears to be in reasonable health for his age and other injuries unrelated to Vioxx use. While Merck’s attorney Diane Sullivan may have come across as unprofessional, she did make Judge Carol Higbee look somewhat unfair. Plus, Chris Seeger failed to do the terrific job that Mark Lanier did.
What does it mean for Vioxx recall litigation?
Nothing much, legal experts say. It is only one of over 6,000 lawsuits. Considering that Vioxx caused as many as 60,000 deaths, there are thousands of other cases that will go to trial during coming months. And while Seeger failed to win the case for his client, a lot of additional documents have come out that will come to haunt Merck in future trials.
The next trial begins later this month in Houston. The case has been filed by Evelyn Irvin Plunkett who has charged that Merck is responsible for the death of her husband, Richard Irvin Jr., a man in his early 50s who had a sudden heart attack just one month after taking Vioxx.
Related article: Merck knew about deaths from Vioxx but chose to stay quiet
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