First Federal Vioxx Trial Underway

By Dave Wilson

Published on November 30, 2005

The jury was selected and opening arguments were heard, as the first federal Vioxx lawsuit against Merck & Co. got underway Tuesday.

The plaintiff is the widow of Richard "Dicky" Irvin, a 53-year-old manager of a wholesale seafood distributor based in St. Augustine, Florida. Irvin had been taking Vioxx for about a month before he was found dead at his desk one day. Evelyn Irvin Plunkett says her husband was in good health, and claims that Vioxx is a dangerous drug that was responsible for his untimely death.

In opening statements, Merck cited research studies that indicated that Vioxx does not elevate the risk of heart attack and stroke in patients who had taken the drug for less than eighteen months. The pharmaceutical manufacturer contends that Irvin died of a heart attack caused by coronary heart disease. A medical expert testified that it was very unlikely that Vioxx contributed to Irvin's heart attack.

Plunkett's attorney, Andy Birchfield, told jurors that some studies indicated that Vioxx could have adverse effects in as little as seven days. He brought forth a cardiac researcher, who testified that Vioxx inhibits a substance that prevents blood from clotting. A blood clot can block a clogged artery, triggering a heart attack.

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