Merck: First Vioxx Trial Likely to Start July 11

[HenryTo]

For investors who are keeping track of the Merck/Vioxx situation:
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First Vioxx Trial Likely to Start July 11
Tuesday May 10, 4:29 pm ET
By Theresa Agovino, AP Business Writer
First Vioxx Wrongful Death Trial Likely to Be Scheduled for July 11 Start Date in Texas


NEW YORK (AP) -- The first wrongful death trial over Merck & Co.'s now withdrawn pain reliever Vioxx is likely to be scheduled for July 11 in Texas, officials in the case said.

Plaintiff lawyer Mark Lanier filed a request on Tuesday with the district court of Brazoria County, Texas, asking that his case begin the week of July 11. He said he chose the timing based on instructions from the court and expected the request to be granted. A senior court officer who requested anonymity also said the trial would most likely have a July 11 start date.


The trial had been scheduled for May 31, but Merck and Lanier requested a delay, in part out of deference to the judge handling the federal Vioxx cases.

Merck, based in Whitehouse Station, N.J., pulled Vioxx off the market last September after a study showed it doubled the risk of heart attacks and strokes in patients taking the drug for more than 18 months. So far, more than 2,400 lawsuits have been filed involving Vioxx.

Another Vioxx trial has been set for Aug. 1 in Atlantic City, N.J., under Judge Carol Higbee. In that case, plaintiff lawyer Christopher Seeger alleges Vioxx caused the 2001 heart attack of his client, Michael Humeston, a former postal worker. Seeger said Humeston still has lingering effects from the heart attack.

Last week, a state judge in Alabama postponed what was slated to be the first Vioxx trial. It had been scheduled to begin May 23 but no new date was given. New Orleans-based U.S. District Judge Eldon E. Fallon had asked that the case be postponed so it wouldn't interfere with federal litigation.

The first cases are considered important because big wins for the plaintiffs can act as a magnet for more clients and push Merck to settle cases. But Merck victories could cause plaintiffs to rethink their cases and limit damages.

Early trials could help gauge Merck's liability, which analysts have estimated could reach $18 billion.

In the Texas case, Carol Ernst is alleging that Vioxx caused the 2001 death of her 59-year old husband, Robert.

Merck shares fell 32 cents to close at $33.88 on the New York Stock Exchange Tuesday. They traded as low as $25.60 following the September recall.