Vioxx Trial Jury Selection Expected to Start Today
Posted on: Monday, 11 July 2005, 18:01 CDT
Jul. 11--ANGLETON -- Attorneys for pharmaceutical giant Merck Co. Inc. are asking a state judge to block testimony by experts expected to testify that the once-popular painkiller Vioxx caused the death of a 59-year-old Texan.
State District Judge Ben Hardin said arguments on pretrial motions will continue as lawyers start picking the Brazoria County jury today.
The lawsuit was filed on behalf of Carol Ernst of Keene, whose husband Robert died May 6, 2001, after taking Vioxx to ease pain in his hands.
Merck attorney Joseph Piorkowski argued Thursday that none of the expert witnesses for Ernst could testify that Vioxx had anything to do with the 59-year-old triathlete's death because he didn't die of a heart attack or stroke. Autopsy results showed he died of cardiac arrythmia -- an irregular heartbeat.
Merck pulled the drug off the market after a study indicated it could cause increased risk of heart attacks and strokes.
No research shows that Vioxx caused arrythmia, Piorkowski said.
Plaintiff co-counsel Carlene Lewis argued that experts can show that Vioxx could have caused Ernst's death and that Merck knew that Vioxx caused dangerous heart problems before it was withdrawn from the market.
The case is so complex that when Piorkowski began his arguments during a pre-trial hearing Thursday, he started with a PowerPoint presentation of medical terms.
Hardin, who must ultimately rule which testimony from which expert witnesses the jury will hear, said he has been reading so much scientific literature and so many legal briefs from the case "that I'm starting to dream about it."
At one point he said he didn't bring the briefs with him to court "because they're too heavy to carry."
When the lawyers from the two sides came to court, they brought boxes of documents.
Hardin said he didn't want to rule on any of the motions until Houston lawyer Mark Lanier says which testimony he intends to use. Lanier, who filed the lawsuit for Carol Ernst, wasn't in court Thursday.
Lewis, who has filed Vioxx lawsuits for other clients, is working with Lanier's firm on the Ernst case.
Thursday's hearing was observed by more than a dozen representatives of other law firms and pharmaceutical companies closely watching how the Ernst trial plays out.
Merck asked Hardin earlier to put the trial off for 60 days because of publicity generated when Texas Attorney General Greg Abbott filed a lawsuit against Merck for money the state spent buying Vioxx for Medicaid patients.
Hardin said he will see when the jury is picked if he thinks Merck can receive a fair trial in Angleton.
No mention was made in court Thursday that a panel of medical advisers to Canada's health department voted Thursday to recommend that Vioxx be allowed back on the market in that country.
A panel of 100 prospective jurors is scheduled to be assembled in Angleton today. Panel members are to be given a questionnaire anticipated to contain 30 to 60 questions. Lawyers on both sides were still discussing just what those questions would be late last week.
Plans are for the jury panel to fill out the questionnaire and return Wednesday, when they will be questioned by lawyers.
Hardin will excuse some jurors from the panel for various reasons, and each side will be allowed to strike some for whatever reasons it chooses. Then, the first 12 left will be on the jury and two more will serve as alternates.
The trial is expected to take five weeks.
If all goes according to schedule, jurors should hear opening statements Thursday.
In the meantime, Hardin will hear more pretrial motions.
-----
To see more of the Houston Chronicle, or to subscribe to the newspaper, go to http://www.HoustonChronicle.com
Copyright (c) 2005, Houston Chronicle
Distributed by Knight Ridder/Tribune Business News.
For information on republishing this content, contact us at (800) 661-2511 (U.S.), (213) 237-4914 (worldwide), fax (213) 237-6515, or e-mail reprints@krtinfo.com.
MRK,
Source: Houston Chronicle
Related Articles
- Valassis Announces Contact Information for Trial Transcripts and Other Information Related to its Ongoing Trial in Wayne County Circuit Court Against News America Marketing
- No chance of fair trial for Canada suspects: lawyer
- Merck Shares Jump As Jury Rules Out Liability for Vioxx
- Mistrial in 1st Federal Vioxx Case ; Merck Hails the Result; Analysts See It As a Loss
- Witnesses Testify in Trial at Jordan's State Security Court
- Vioxx Troubled Merck Scientist ; But He Fought FDA Warning
- Texas Vioxx lawsuit set to go to jury
- Alleged Vioxx Ills Go on Trial in Texas
- Vioxx Recall Shrinks Merck 29% -- Hundreds of Lawsuits Filed Over Arthritis Drug
- 'Trial by Jury' Staged in Real Court
 |
 |
User Comments (0)
RSS Feeds