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Elaine Doherty v. Merck



This Atlantic City case has gotten somewhat less trial coverage than previous Vioxx trials. According to Merck, "Mrs. Doherty had multiple risk factors for heart disease, including age, high cholesterol, diabetes, high blood pressure, obesity, a sedentary lifestyle and a family history of heart attack. Testing further demonstrated that she had severe triple-vessel and left-main coronary artery disease." The VIGOR study was on the warning label for most of the time Doherty took Vioxx, though, to date, jurors and judges haven't seemed to care about that fact.

Heather Won Tesoriero provides some background on the opening statements in a WSJ Law Blog post.

A commenter asks: I have always wondered why Merck doesn�t hammer home the point that virtually every senior member of the management team and their families used Vioxx themselves. Hardly what would have been the case if it was a vast profit making plot. Has this point of evidence been blocked ?

The answer: Yes. Plaintiffs' lawyers have successfully moved to keep this evidence from the jury.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.