In New Orleans before Judge Fallon, he has seated a jury of six women and two men was seated to hear the third federal trial involving Vioxx.
Robert Garry Smith is the Plaintiff when he had a heart attack in 2003. The case was selected by Merck as one of its choices to try early in the litigation. Smith has said he didn't realize the drug might have brought on his February 2003 heart attack until he saw a lawyer's television advertisement in 2005.
Merck says Smith was at risk for a heart attack because he was obese and had other medical problems. The company noted in a news release Monday that this is the first case to be tried in which the patient began taking Vioxx after the label was changed to say that the drug might increase the risk of a heart attack.
Smith is represented by Steve Kherkher and John Boundas from Williams Bailey in Houston and Mikal Watts.