Plaintiff Humeston Gets Second Chance After Fall 2005 Merck Defense Verdict

(Posted by Tom Lamb at DrugInjuryWatch.com)

The proceedings in a four-plaintiff consolidated Vioxx trial will start on January 16, 2007 in Atlantic City, New Jersey, with Judge Carol Higbee presiding.  On that day potential jurors will complete questionnaires, with jury selection scheduled to start on January 18.

These four Vioxx cases — Humeston, Kieley, Carver, and Hermans — involve plaintiffs each of whom had heart attacks, allegedly caused by their use of Vioxx.

According to a a court document entitled "Vioxx Trial Information January 2007", the consolidated Vioxx trial will follow this plan:

Initial portion of the trial will be the four cases consolidated on issues of what Merck knew about the risk of Vioxx; what warnings they gave the physicians; whether the warnings were adequate.  There will be jury questions at the end of this phase of the trial[.]  If verdict on these questions is in favor of Merck, the case is over.  If in favor of Plaintiffs, then cases will go on with the same jury with separate, individual trials on issue of whether Vioxx caused each plaintiff’s heart attack and damages.  All trials will be with the same jurors.

Interestingly, one of the cases involves plaintiff Michael Humeston, whose first trial resulted in a defense verdict for Merck in the fall of 2005.   

However, after it was learned in May 2006 that Merck had made a data error in a critical Vioxx study, with the new findings seemingly adverse to the drug company, Judge Carol Higbee vacated the Humeston defense verdict and ordered that there be a second trial for Mr. Humeston.