Tuesday, January 31, 2006

Vioxx Plaintiff Bounced on Summary Judgment in Higbee's Court

From various sources including the internet, newspapers, and fellow attorneys:

Judge Higbee in a New Jersey State Court action granted a Merck Motion for Summary Judgment in a case where a Texas man claimed that the drug caused stomach pain and internal bleeding. The Plaintiff was Edgar Lee Boyd.

Judge Higbee's Order said in part: "Plaintiff has not presented sufficient evidence that defendant's failure to warn was the proximate cause of his gastrointestinal injuries." She also wrote that "No reasonable jury could find that a different warning regarding gastrointestinal risks would have made a difference."

My comment: She is right in my opinion. The bigger question here is why was the case filed when the injury is stomach pain and internal bleeding? Perhaps it was because the Statute of Limitations was a concern? Did counsel hold the case too long? Why was this case ever filed?