Judge Disallows Testimony by Merck Witness

By Dave Wilson

Published on October 10, 2005

Judge Carol E. Higbee ruled that the testimony provided by Dr. Briggs Morrison, a scientist for Merck, would be disallowed. A lawyer for the plaintiff had protested Morrison's statements regarding animal testing previously conducted to determine the effect of Vioxx on the formation of blood clots. The judge agreed that the scientist should not be allowed to testify on research studies in which he was not directly involved.

Merck's lead defense lawyer protested the decision vehemently, only to be reprimanded sharply by Judge Higbee. The law firm coordinating Merck's defense indicated that they believed the ruling was a serious error. When the jury reconvened, the jurors were told to disallow the testimony. After the ruling, Merck attorneys requested a mistrial, which was denied.

Higbee's decision to throw out the first evidence Merck brought forth, and the subsequent argument between the judge and defense lawyer, did not sit well with investors. Merck's stock dropped almost a full dollar per share yesterday, and the stock price is down approximately forty percent since Vioxx was pulled from the market last September.

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