Vietnam Hero to Face Merck in Next Vioxx Trial

By Dave Wilson

Published on September 08, 2005

Frederick Humeston, 60-year-old postal worker and former marine, contends that Vioxx caused a heart attack he experienced four years ago. Humeston had been taking the painkiller for two months when the myocardial infarction occurred. He now has permanent damage to the muscles in his heart and is worried about the possibility of another attack.

Humeston says he was taking Vioxx, a painkiller and anti-inflammatory, to relieve the pain in his knees from a shrapnel wound he suffered while serving in the Vietnam War. The veteran earned two Purple Hearts for injuries he sustained in the line of duty.

Merck & Co, Inc., the manufacturer of Vioxx, has said that it will vigorously defend itself in court. The pharmaceutical giant lost a $253 million verdict last month in the first Vioxx trial, and Merck now faces thousands of pending lawsuits.

For its part, Merck contends that Humeston has a relatively weak case. The plaintiff had only been taking Vioxx for two months when his heart attack occurred (research studies determined that risks increased after taking the drug for 18 months or more). Furthermore, the pharmaceutical company will seek to show that Humeston had many health factors that predisposed him to cardiac arrest.

Potential litigants and industry insiders will be watching the trial closely, as the result may indicate how future litigation will fare.

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