NJ judge sets trials for longer-term Vioxx cases
By Jon Hurdle
ATLANTIC CITY, N.J., Nov 17 (Reuters) - The judge handling the New Jersey litigation over Merck & Co Inc.'s (MRK.N: Quote, Profile, Research) withdrawn painkiller Vioxx on Thursday selected the next seven cases to go to trial, all of which involve plaintiffs who took the drug for 18 months or more, lawyers said.
The first case will be heard in Atlantic City beginning Jan. 30, 2006, followed by another on March 27, according to lawyers who attended a closed-door meeting with the judge.
Superior Court Judge Carol Higbee may hear more than one case at each trial. The cases involve Vioxx users from New Jersey who suffered heart attacks. Some of the Vioxx users died, while others are still living.
Around 3,500 Vioxx cases have been filed with Higbee. They claim Vioxx caused heart attacks or strokes and that Merck failed to warn users that long-term use increased the risk of such events. About 60 percent of the cases filed with Higbee concern long-term use of Vioxx.
The judge's selection of cases where plaintiffs have taken the drug for more than 18 months is expected to make it harder for Merck to defend. Merck withdrew the drug, a $2.5 billion-a-year blockbuster, in 2004 after determining that long-term use increased heart risks.
The company earlier this month won a case in Atlantic City filed by a heart attack victim from Idaho who took the drug for just two months, but it lost an earlier case in Texas state court filed by the widow of a man who took Vioxx for about eight months.
"We always knew we were going to be trying some cases with 18-month usage, and we will be ready when the bell rings," Ted Mayer, an outside attorney for Merck, told reporters after the meeting.
Mayer declined to say whether he thought it would be harder for Merck to defend the longer-term cases. The company has vowed to fight each Vioxx suit it faces, which total more than 6,500 in various state and federal courts.
Perry Weitz, a lawyer who said he had filed about 700 Vioxx cases with Judge Higbee, said the judge selected the seven cases as being representative of long-term Vioxx users.
Later, Higbee will try different categories of cases, including those of short-term users, Weitz said.
About 40 lawyers for Merck and the various plaintiffs attended the meeting. Weitz and some other plaintiffs' lawyers suing the Whitehouse Station, New Jersey-based drug maker have joined together in a loose coalition in an effort to share information and legal strategies.
A further meeting has been set for Nov. 28 at which the judge is expected to say which of the seven cases she selected will be heard in January, lawyers said.
ATLANTIC CITY, N.J., Nov 17 (Reuters) - The judge handling the New Jersey litigation over Merck & Co Inc.'s (MRK.N: Quote, Profile, Research) withdrawn painkiller Vioxx on Thursday selected the next seven cases to go to trial, all of which involve plaintiffs who took the drug for 18 months or more, lawyers said.
The first case will be heard in Atlantic City beginning Jan. 30, 2006, followed by another on March 27, according to lawyers who attended a closed-door meeting with the judge.
Superior Court Judge Carol Higbee may hear more than one case at each trial. The cases involve Vioxx users from New Jersey who suffered heart attacks. Some of the Vioxx users died, while others are still living.
Around 3,500 Vioxx cases have been filed with Higbee. They claim Vioxx caused heart attacks or strokes and that Merck failed to warn users that long-term use increased the risk of such events. About 60 percent of the cases filed with Higbee concern long-term use of Vioxx.
The judge's selection of cases where plaintiffs have taken the drug for more than 18 months is expected to make it harder for Merck to defend. Merck withdrew the drug, a $2.5 billion-a-year blockbuster, in 2004 after determining that long-term use increased heart risks.
The company earlier this month won a case in Atlantic City filed by a heart attack victim from Idaho who took the drug for just two months, but it lost an earlier case in Texas state court filed by the widow of a man who took Vioxx for about eight months.
"We always knew we were going to be trying some cases with 18-month usage, and we will be ready when the bell rings," Ted Mayer, an outside attorney for Merck, told reporters after the meeting.
Mayer declined to say whether he thought it would be harder for Merck to defend the longer-term cases. The company has vowed to fight each Vioxx suit it faces, which total more than 6,500 in various state and federal courts.
Perry Weitz, a lawyer who said he had filed about 700 Vioxx cases with Judge Higbee, said the judge selected the seven cases as being representative of long-term Vioxx users.
Later, Higbee will try different categories of cases, including those of short-term users, Weitz said.
About 40 lawyers for Merck and the various plaintiffs attended the meeting. Weitz and some other plaintiffs' lawyers suing the Whitehouse Station, New Jersey-based drug maker have joined together in a loose coalition in an effort to share information and legal strategies.
A further meeting has been set for Nov. 28 at which the judge is expected to say which of the seven cases she selected will be heard in January, lawyers said.
posted by Chris Placitella at 6:35 AM
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