Opening arguments were heard yesterday in Ernst v. Merck, the first Vioxx lawsuit to go to trial. A South Texas jury heard plaintiff attorney W. Mark Lanier argue that the drug maker should be held liable for the death of a Texas man who died in his sleep in 2001 after taking the painkiller. In his opening statement, Lanier argued that the death was a consequence of Merck's decision to rush Vioxx to market -- a choice which, according to the lawyer, was ultimately a result of management changes at the company that led to marketing needs being put ahead of science.
The folksy Lanier, who is regarded as one of the better trial lawyers in America, entertained at one point calling the drug maker's defense "Merck-y." Merck attorney David Kiernan retorted that the company conducted rigorous testing before Vioxx was put on the market, completing 99 studies of the drug.
- see this story from the Houston Chronicle
- see this story from The New York Times