Merck Defense Team Rests Case in Vioxx Lawsuit

By Dave Wilson

Published on October 31, 2005

Merck's last witness was Dr. John Gaziano, a cardiology specialist who works as a professor at Harvard Medical School. Gaziano testified that there is no evidence that Vioxx leads to an increased risk of heart attack and stroke. His testimony appeared to contradict the statements made by medical expert witnesses testifying on behalf of the plaintiff.

After Dr. Gaziano's testimony, Merck's defense team rested its case. Once both sides present closing arguments, the jury will begin deliberations. According to an agreement reached before the trial began, the plaintiff must convince at least 7 of 9 jurors to win its case. This means that Merck needs just 3 jurors to side with the defense.

Courtside observers have noted that the outcome of this trial is still in doubt. Having lost one Vioxx trial already, Merck has mounted a substantial defense. Meanwhile, the team prosecuting the case on behalf on plaintiff Mike Humeston has focused on proving that the pharmaceutical company relied on faulty science to get Vioxx approved by the FDA.

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