71-year-old Leonel Garza, Sr., had had cardiovascular disease for 23 years, as well as a previous heart attack, when he died of a fatal heart attack. His autopsy noted severe atherosclerotic disease in all of his coronary arteries. Nevertheless, his survivors wish to blame his death on the one-week supply of Vioxx he took for arm pain the month before his death. The case will go to trial January 24, 2006, in the 229th Judicial District Court of Starr County, Texas.
The Plunkett v. Merck trial will be retried starting February 6 in New Orleans. The first trial resulted in a hung jury and mistrial.