First Vioxx trial may set precedent for ensuing lawsuits

By Ramsay Crooks

Published on July 25, 2005

The trial is set for July 11, 2005, in Angleton, Texas. The verdict in this case may be a harbinger for the lawsuits that follow.

Vioxx, once a popular prescription pain-killing medication, has been recalled since studies showed that it may significantly increase the risk of heart attack for patients taking the drug over an extended period of time. Since the Vioxx recall, thousands of wrongful death and personal injury lawsuits have been filed.

Merck claims that Vioxx has nothing to do with Robert Ernst's death. The company's court brief contends that Ernst did not die of a heart attack, but rather a cardiac arrhythmia. Merck further asserts that Ernst had only been taking Vioxx for 7 months, not 18 months, the length of time shown to increase the risk of heart attack.

Carol Ernst characterized her husband as an energetic and athletic man, who was in tune with his body. She claims that Vioxx was the only medication Robert Ernst was taking before he died in bed.

Mark Lanier, Ernst's attorney, contends that Vioxx was rushed through the FDA approval process in order for Merck to realize a profit from the drug. Because of this, he claims, studies that may have revealed potentially dangerous side effects were suppressed.

Merck denies any allegations that the company withheld any information regarding the safety of Vioxx use. The pharmaceutical company says it will defend the lawsuits that are brought against it.

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