Merck seen as 'behind' in first Vioxx trial

Many legal observers say testimony in the first half of the Ernst v. Merck trial has favored the plaintiff, a development which could be an ominous sign for the drug maker. The New York Times reports that after a bumpy start, plaintiff attorney W. Mark Lanier seems to be making progress in winning over the jury in the case. The evidence presented in the case appears to have bolstered Lanier's argument that Vioxx was responsible for the death of Robert Ernst. The occasionally contentious testimony by Merck scientists on the witness stand has left the jury with an unfavorable impression of the company, the paper argues.

However, that assessment is one that not everyone agrees with. Some critics feel media coverage of the trial has been as hostile to the drug maker as the coverage of the Vioxx recall itself was.

- see this story from The New York Times

PLUS: In the aftermath of last year's drug safety crisis the FDA has tightened its regulatory approach and slowed down the approval process for new drugs. Story