As arguments in the first Vioxx trial come to a close, legal observers think the outcome of the wrongful death lawsuit against Merck is likely to hinge on the instructions the judge gives to the jury. If they think Vioxx was to blame for the death of Robert Ernst, jurors will now have to decide if Vioxx alone was responsible or if it was a "contributing factor." Plaintiff attorney W. Mark Lanier argues it is enough for the drug to have been a "contributor." Merck attorneys counter that the painkiller alone must be shown to have been responsible for the heart attack which killed Ernst. The judge is expected to issue instructions to the jury on which language they should follow in the next several days.
- see this story from The Wall Street Journal (sub. req.)