Thursday, January 12, 2006

Why is the Garza Vioxx case being tried to jury????

The next case to be tried on Vioxx is the Garza case, a Texas State Court case. Earlier this week I noted that the case involved a gentleman who was 71 years of age when he took Vioxx, took the drug for a month or so, then had a heart attack and died.

The first issue to me is that this gentleman took the drug for one month. Vioxx admits that after eighteen months of ingestion risks of an adverse event may increase. I can't belive that the firm handling the case has this as its best case.

Today we know this:

Leonel Garza Sr., died of a heart attack on April 21, 2001.

Merck in a Press Release (found all over the Net)said, "Approximately one month before his death, Mr. Garza was given a one-week supply of Vioxx 25 milligram samples for arm pain," Merck said in a release.

Merck also tells any who will listen that Garza had a 23-year history of cardiovascular disease and had suffered a prior heart attack (But they didn't say when).

So why is this case the third case in line? If this is true, and there surely will be more facts before it plays out to a jury ... expect a W for Merck?