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Cona v. Merck Vioxx trial: Mark Lanier profile in the WSJ

Heather Won Tesorio does some source-greasing, but, unlike many other journalists, gets the other side of the story when Lanier promises to introduce a new smoking gun that turns out not to be so smoking.

One fact that doesn't make it into the story: Lanier's client, Thomas Cona's medical records don't support his contention that he was a long-term user of Vioxx, notwithstanding the repeated references in the press to his alleged two-year use. Cona, a 59-year-old will have his trial at the same time in front of the same jury as 76-year-old John McDarby in a consolidated case, despite the fact the two men took Vioxx at different times when Merck had different knowledge, had different risk factors for heart disease, had different doctors, who used different information to prescribe Vioxx. According to the AP, Judge Higbee overruled Merck's objection to the consolidation of the trials.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.