A Texas jury heard the first evidence in the Ernst v. Merck trial, the wrongful-death suit brought by a Texas woman who believes her husband died as a result of taking Vioxx. Plaintiff attorney W. Mark Lanier grilled Merck's head of epidemiology, Nancy Santello, for much of the day in a style that is often described as being as entertaining as it is effective.
Many of the questions focused on "the dodge ball" memo, a Merck document outlining an internal strategy for dealing with physician questions about the drug. Legal analysts say the lawyer hopes to show that the company put its marketing needs ahead of sound science in disregarding a growing body of evidence that suggested health risks associated with the painkiller. Accordingly, Lanier has tried to focus on the actions of Merck's marketing department. Merck has refused to play along, allowing only Dr. Santello, a scientist with little knowledge of the company's marketing practices, to speak for it in the courtroom.
- see this story from The New York Times