Setbacks for Merck in Vioxx ligitation

Developments during last few days in Vioxx litigation have not been very encouraging for Merck. Here is a summary of what is going on since the billion dollar lawsuit trial began in Texas last month and the federal lawsuit retrial started in New Orleans.

Even rare of short term use of Vioxx can be deadly

According to Merck, Vioxx can cause heart attacks and strokes only if taken for at least 18 months. In fact, Frederick "Mike" Humeston lost his case because of this claim by Merck. But no respectable scientist outside Merck buys this argument. In a shocking development, New England Journal of Medicine Executive Editor Gregory Curfman has told the lawyers that he and other journal editors were "very skeptical" of the 18-month figure and tried to get a study author to "back away from this contention" in an article published by Merck researchers (in which they tried to make the painkiller appear less risky by hiding the number of deaths). If the jurors believe this contention of scientists then Merck really has no defense going forward.

Merck has a new team of attorneys

Diane Sullivan and Stephen Raber who both provided a lot of "entertainment" (though, it was highly unprofessional behavior in the legal community) during the trial in New Jersey and openly clashed with Superior Court Judge Carol Higbee are out despite the fact that they help Merck win the case.

Trials delayed

The second and third federal Vioxx trials, originally scheduled for March and April, have been postponed for about two months.

Former Merck CEO Gilmartin agrees to testify

Raymond Gilmartin, who was fired for mishandling the recall of the painkiller, will testify at the trial in Atlantic City in late February.

Eric Topol leaves Cleveland Clinic

Dr. Eric Topol, one of the fiercest and earliest critics of Vioxx, has been pushed out by Cleveland Clinic, which is now working with Pfizer on the Celebrex Precision trial. Many analysts believe that he is among many scientists who have been hurt for fighting against Merck.

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