Judge Higbee delivers major setback to Merck
Many scientific experts believe that Merck used questionable science to convince the Atlantic City jury that Vioxx does not cause heart attack if taken for less than 18 months. Experts had argued that even rare or occasional use of the arthritis drug was enough to trigger a heart attack and lead to death. As many as 60,000 Americans have died due to heart attacks caused after taking Vioxx. However, Mike Humeston, the plaintiff in the Atlantic City trial lost his case, because of Merck’s argument that many now find unconvincing.
In response, Judge Carol Higbee had suggested that the next few cases to go on trial should be of those victims who took the drug for more than 18 months. Merck’s own research had shown that Vioxx was deadly after that period and the company announced a recall last year. However, the company strongly opposed Higbee’s proposal since it is expected to lose all of these cases.
In a major blow to the company, Judge Higbee has announced that the next seven cases to go on trial will include only New Jersey residents who suffered heart attacks after taking the drug for 18 months or longer. The trial is scheduled to begin January 30, 2006.
Vioxx plaintiffs will try to prove in upcoming trials that the 18 month time is merely a cover that the company is using to deny victims a chance to prove their cases. This issue will also be raised in the upcoming Federal trial later this month. There is a huge body of evidence that shows that the drug need not be taken for that long to see its serious side effects.
Related article: Merck let Vioxx patients die
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