Next Vioxx Trial Set in New Jersey

August 29, 2005

Still reeling from the $253 million verdict delivered at the first Vioxx injury trial last week, Merck must now prepare for the next Vioxx suit already scheduled for trial next month in a New Jersey state court. The New Jersey case involves a man who suffered a heart attack after taking Vioxx for a short time. Merck's lawyers have already asked the judge in that case to postpone the trial due to the remarkable media attention surrounding the verdict in Texas. The New Jersey trial, the second Vioxx-related civil trial against Merck since the drug's recall in 2004, is currently scheduled to start on September 12th in Atlantic City. Merck's lawyers have requested that the trial be delayed for 45 days, pushing the start date until the end of October.

Merck acknowledged its weakened position last week when it signaled its softened stance and willingness to settle some cases out of court. The New Jersey court battle is distinct from the highly-publicized Texas trial which awarded a Texas widow $253 million. For instance, Merck, a New Jersey corporation, faces a New Jersey jury that may be more defendant-friendly than the jury in Arlington, Texas. Further, the Texas case was a wrongful death suit brought by the Vioxx patient's widow and the plaintiff in the New Jersey trial was a Vioxx patient himself who survived a heart attack. Merck has also selected legal representation different from the legal team that litigated the Texas case. More than 2,400 Vioxx-related lawsuits have been filed against Merck in New Jersey. The first of these cases to go to trial was filed by Frederick Humeston, a 60-year-old Idaho postal carrier and Vietnam War veteran, who claims that Vioxx was responsible for his 2001 heart attack. Merck responded to these claims by arguing that the plaintiff has not presented any evidence to support his claims that his condition "was caused by anything other than his preexisting medical conditions."