Vioxx trial moves ahead
“It’s like Saddam Hussein wanting credit for coming out with his hands up.” That is how Mark Lanier, founder of The Lanier Law Firm in Houston, Texas, describes Merck’s behavior in handling recall of Vioxx, in a discussion with Kristen Hays, a business writer for AP. Lanier is the attorney for Carol Ernst, whose husband Robert Ernst passed away after taking Vioxx.
Now Lanier’s depiction of Merck may only be legal rhetoric, but there is strong documentary evidence now that Merck may have known at least 4-5 years ago that Vioxx was not as safe as the company made it out to be. The Saddam comparison is obviously offensive and probably should not have been made, but according to the FDA as many as 140,000 personal injuries are attributed to Vioxx and as many as 50,000 people may have died due to Vioxx.
While Merck has argued all along that Vioxx was not responsible for all the deaths and it was some other medical condition that caused injuries and deaths, the lawyers will try to prove that Merck could have been more open about the Vioxx’s cardiovascular risks. Merck has been often described as too focused on profits and ignoring patient safety – a charge that the company denies. It is important to understand that a lot of people who took Vioxx for relief from arthritis pain are old and have other medical conditions associated with old age.
This case is attracting a lot of attention among Vioxx attorneys and victims now that it is the first one to go to trial. The other case of Cheryl Rogers has run into some problems because the judge handling the case is being accused of having a conflict of interest. (Related article: Delay sought in Vioxx trial)
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