Merck's request to delay Vioxx trial declined

By Ramsay Crooks

Published on July 22, 2005

Judge Ben Hardin did say that that he would review the jury pool questionnaires before totally rejecting the proposed delay. Merck had requested a two-month period to let the media coverage subside from a lawsuit filed by the Texas Attorney general last week.

The state of Texas is now suing Merck, alleging that the pharmaceutical company falsely claimed that Vioxx was safe, resulting in the drug being approved for Medicaid. A Merck lawyer contends that this new lawsuit makes all taxpayers in Texas potential litigants, therefore causing bias in the jury.

The wrongful death trial in question is that of Robert Ernst, a man who died suddenly of heart problems in 2001 while taking Vioxx. His widow claims that he was very active, and believes that Vioxx is to blame for her husband's unexpected demise.

Merck & Co. recalled Vioxx in September, 2004, when research studies revealed that the drug doubled the risk of heart attack and stroke for patients taking it at least 18 months. Since the Vioxx recall, thousands of lawsuits have been filed across the nation.

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