Second Vioxx Trial Underway in Atlantic City

By EinsteinCMS Administrator

Published on September 14, 2005

Humeston, a former marine and Vietnam War veteran, suffered a heart attack in 2001 after he started taking Vioxx to relieve pain from an old shrapnel wound to his knee. He contends that Vioxx caused the traumatic event, which has left him with permanently damaged cardiac muscle tissue and deteriorating health.

The plaintiff will be represented by Chris Seeger, a former amateur boxer who has built a reputation in pharmaceutical litigation. In June, Seeger helped to secure a $690 million settlement for patients who claimed they developed diabetes while taking Zyprexa, a drug produced by Eli Lilly & Co. for the treatment of schizophrenia.

Merck lawyers believe that Humeston has a relatively weak case. The ex-marine had only been taking Vioxx for two months before his heart attack, and he had significant lifestyle factors that could have contributed to heart disease.

Regardless, Merck has already lost the nation's first Vioxx trial, in which $253 million was awarded to a Texas widow. The second court case will be watched closely by all concerned, as another Merck setback could be a harbinger for future litigation prospects. Some analysts predict it may cost the pharmaceutical giant in excess of $20 billion to settle thousands of pending Vioxx cases.

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