Tuesday, February 21, 2006

Case Selection Matters

Merck wins another Vioxx case, a zero verdict in the Irvin trial. This was the retrial of a case that ended in a mistrial last year (November) before Judge Fallon in the MDL.

Many had said that this was a weak case to begin with from both causation and damages. The deceased was a 53-year-old manager of a St. Augustine, Florida- based seafood distributor who took Vioxx for back pain before his May 2001 heart attack. He took the drug for less than 45 days, and there was some question as to the method in which he ac acquired the medication.

What was this case doing in a courthouse at all, much less in a fullblown trial?