Pivotal Vioxx Trial Underway

By Dave Wilson

Published on January 25, 2006

In his opening statement, a lawyer for the plaintiffs claimed that the victim had taken a stress test not long before his demise, and he was told there was little chance of suffering a heart attack that year. Garza died shortly afterwards. The attorney also told the jury that the evidence would show that Merck continued to market Vioxx despite knowledge of its health risks.

Merck contends that Garza had significant cardiovascular risk factors, including advanced heart disease and clogged arteries. The pharmaceutical company also claims that Garza was only given a week's worth of Vioxx pills. Merck has consistently maintained that short term Vioxx use does not increase the risk of adverse events.

This lawsuit, the fourth Vioxx case to go to court, may represent a critical juncture for the prospects of future Vioxx litigation. After three trials, the score is essentially tied, with a plaintiff winning the first case, Merck winning the second, and the third resulting in a hung jury.

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