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Doherty v. Merck Vioxx closing arguments today

The trial, which began June 5, had been delayed because of the New Jersey government shutdown. Elaine Doherty was 68, a heavily overweight diabetic with high cholesterol and a family history of heart attacks, and had four arteries that were 90% blocked, but blames her mild heart attack on Vioxx. (Merck changed the Vioxx label while Doherty was taking the drug, but the plaintiffs claim that they should have done more to publicize the VIGOR study, and then she wouldn't have taken it.) Doherty was well enough to take three overseas trips last year, so the plaintiffs' claims for damages will be interesting. The seven-person jury will begin deliberations tomorrow. (AP, Jul. 11; Merck press release, Jun. 2).



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.