Merck Lawyer Fights Again
Where you can find all the latest breaking news concerning VIOXX
Judge again butts heads with lead Merck attorney
Lawyer then lashes out at fellow defense counsel
Thursday, October 20, 2005
BY GEORGE E. JORDANStar-Ledger Staff
For the third time since the start of the Vioxx trial, the judge yesterday admonished Merck's lead attorney, this time for mentioning a topic the judge had specifically ruled off-limits.
The dust-up came as lawyer Diane Sullivan was questioning one of Merck's expert witnesses, cardiologist Theodore Tyberg. At one point, she asked Tyberg if there were studies that suggested Vioxx did not create substantially greater cardiac risks than similar painkillers.
Before Tyberg could answer, however, Superior Court Judge Carol Higbee called for a break so the jury could be led out of the courtroom. Higbee then warned Sullivan to drop that line of questioning because it touched on an issue the judge earlier ruled was not supported by science.
"Don't do it again, Ms. Sullivan," Higbee said in a stern voice. "Don't do it again, or we're going to have a problem."
At that point, another member of Merck's legal team, Stephen Raber, gestured for Sullivan to return to the defense table. There followed a nasty exchange between the co-counsels.
"You do that again and you're (expletive) out of here," Sullivan said to Raber in a voice audible to others in the courtroom.
The spat came after Higbee earlier in the day twice warned Moshe Horn, a lawyer for plantiff Frederick "Mike" Humeston, to lower his voice during cross-examination of Tyberg.
The heated exchanges highlighted the tensions just below the surface of the high-stakes personal-injury trial as it winds toward a close after five weeks of testimony. Lawyers on both sides said the jury could get the case as soon as next week.
Higbee and Sullivan first butted heads during opening arguments, and again when Sullivan loudly objected to Higbee's decision to strike the testimony of Merck's lead witness. In the second tiff, Higbee threatened to have the lawyer removed from the Atlantic City courtroom.
After the trial recessed yesterday, Jim Fitzpatrick, a spokesman for Merck's legal team, gave a sheepish smile when asked about Sullivan's language.
Judge again butts heads with lead Merck attorney
Lawyer then lashes out at fellow defense counsel
Thursday, October 20, 2005
BY GEORGE E. JORDANStar-Ledger Staff
For the third time since the start of the Vioxx trial, the judge yesterday admonished Merck's lead attorney, this time for mentioning a topic the judge had specifically ruled off-limits.
The dust-up came as lawyer Diane Sullivan was questioning one of Merck's expert witnesses, cardiologist Theodore Tyberg. At one point, she asked Tyberg if there were studies that suggested Vioxx did not create substantially greater cardiac risks than similar painkillers.
Before Tyberg could answer, however, Superior Court Judge Carol Higbee called for a break so the jury could be led out of the courtroom. Higbee then warned Sullivan to drop that line of questioning because it touched on an issue the judge earlier ruled was not supported by science.
"Don't do it again, Ms. Sullivan," Higbee said in a stern voice. "Don't do it again, or we're going to have a problem."
At that point, another member of Merck's legal team, Stephen Raber, gestured for Sullivan to return to the defense table. There followed a nasty exchange between the co-counsels.
"You do that again and you're (expletive) out of here," Sullivan said to Raber in a voice audible to others in the courtroom.
The spat came after Higbee earlier in the day twice warned Moshe Horn, a lawyer for plantiff Frederick "Mike" Humeston, to lower his voice during cross-examination of Tyberg.
The heated exchanges highlighted the tensions just below the surface of the high-stakes personal-injury trial as it winds toward a close after five weeks of testimony. Lawyers on both sides said the jury could get the case as soon as next week.
Higbee and Sullivan first butted heads during opening arguments, and again when Sullivan loudly objected to Higbee's decision to strike the testimony of Merck's lead witness. In the second tiff, Higbee threatened to have the lawyer removed from the Atlantic City courtroom.
After the trial recessed yesterday, Jim Fitzpatrick, a spokesman for Merck's legal team, gave a sheepish smile when asked about Sullivan's language.
posted by Chris Placitella at 5:38 AM
0 Comments:
Post a Comment
<< Home