Preparations underway for Garza versus Merck trial
At Merck “Where patients come first,” it seems that they come first only when they keep popping company’s pills without asking questions. If they come back with an injury, the company wants them to go away. As the trial in the product liability lawsuit, Garza v. Heart Clinic, Evans, Posada and Merck is scheduled to go to trial before a jury on January 24, 2006, in Starr County, Texas, Merck has resumed its relentless attack on Vioxx victims.
In a statement the company reaffirmed its decision to fight each lawsuit one by one for years. It is very likely that this scneario is highly unlikely – Judge Fallon is already talking about sending the federal lawsuits to state courts – but the company may be successful in scaring some victims.
Merck lost the first lawsuit filed by Carol Ernst who lost her husband to Vioxx. The second trial, which is being appealed, led to a defeat for ex-Marine Mike Humeston. The third case, Plunkett v. Merck, is scheduled to be retried before a jury in New Orleans before Federal District Court Judge Eldon Fallon on Feb. 6, 2006. Jurors in the original trial, held in Houston in December, were unable to reach a verdict, resulting in a mistrial.
Mr. Leonel Garza, 71, died of a heart attack on April 21, 2001, after he was given a one-week supply of Vioxx for pain. Since he took the drug for less than 18 months, the company is expected to argue that Vioxx could not have the cause of his death. Many scientists now dispute Merck’s research and the company has also lost its credibility further after it was found that its scientists did not disclose all the deaths in a trial to study the safety of the drug. The new evidence that has been presented by defense lawyers shows that even occasional or rare use of Vioxx can be a killer.
Texas State District Court Judge Alex W. Gabert will preside over the case. Joe Escobedo Jr. is the lead attorney representing the Garza family and Ted Mayer of Hughes Hubbard & Reed is the lead counsel for Merck.
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