One Injury (Humeston) And One Death (Hermans) Case Involving Heart Attacks After Vioxx Use Will Go Before Jury

(Posted by Tom Lamb at DrugInjuryWatch.com)

In a January 13, 2007 Bloomberg article by David Voreacos we learned that Judge Carol Higbee has cut the Carver and Kieley cases from the consolidated Vioxx trial that is starting later this month. 

Merck & Co. persuaded a New Jersey judge to reduce from four to two the number of cases a jury will hear at the next trial over claims the company’s Vioxx painkiller caused heart attacks.

State Superior Court Judge Carol Higbee trimmed the number yesterday in Atlantic City, where opening arguments at the trial are set for Jan. 22….

Jurors now will hear an initial phase on whether Merck failed to warn of Vioxx risks followed by a phase focusing on the heart attacks of both Humeston and Hermans.

Mr. Hermans died in 2002 from a heart attack after taking Vioxx for seven months.

Mr. Humeston survived a 2001 heart attack after taking Vioxx.  His personal injury case was the subject of the first New Jersey Vioxx trial; the first Humeston case ended in November 2005 with a defense verdict.  Judge Higbee later ordered that Mr. Humeston should get a new, second trial.  During his first trial Mr. Humeston reportedly said he took the painkiller Vioxx for only two months and not a regular, daily basis.