Merck fights consolidation of Vioxx cases

One of Merck's legal strategies to discourage Vioxx victims from coming forward is to drag the legal process as much as it can. So it was no surprise that when New Jersey Superior Court Judge Carol Higbee consolidated the cases of Thomas Cona and John McDarby for the February 27 trial, the company decided to fight the decision.

In a motion filed by the company, it is saying that consolidating two cases would confuse the jurors since the two cases are quite different.

Here is the background on the two victims. Thomas Cona is a 59-year-old businessman from Cherry Hill, New Jersey and took the painkiller for more than two years before his severe heart attack in June of 2003. John McDarby, 76, also from New Jersey (Park Ridge), took the drug for two years before being stricken.
This is the first time that two living victims who took the drug for more than 18 months (Merck admits that Vioxx can be a killer if taken for this long) are going to get their day in court.

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