Litigation News

An independent resource on litigation related to recall of drugs and personal injuries resulting from prescription medication.

Friday, September 16, 2005

Federal Vioxx trial moved to Houston on same date

The speculation about the start date and venue of the federal Vioxx trial is now over. The trial will begin as originally scheduled on November 28 this year, though not in New Orleans, due to Hurricane Katrina tragedy. Instead, it will be conducted in Houston not too far from Angleton, Texas, where Merck lost the lawsuit filed by Carol Ernst.

US District Judge Eldon Fallon has discussed the matter with all parties involved and everyone is on board with the decision. Evelyn Irvin Plunkett is suing Merck for the death of her husband, Richard Irvin Jr., a man in his early 50s who had a sudden heart attack one month after taking Vioxx. She is being represented by Andy Birchfield.

This case is very similar to that of Mike Humeston who also took the Vioxx for just two months. The trial is currently underway in Atlantic City, New Jersey. Merck has been arguing that Vioxx causes no injuries unless it is taken for at least 18 months.

Related article: Texas Medicaid fraud case against Merck