Doctors dropped from Vioxx lawsuit
RIO GRANDE CITY, Texas (AP) _ Two doctors were dropped Thursday from a lawsuit the family of a Rio Grande City man filed claiming that his fatal 2001 heart attack was caused by Merck & Co.'s painkiller Vioxx. The action came on the second day of the nation's fourth Vioxx trial.
The family of Leonel Garza had sued Merck as well as Dr. Michael Evans and Dr. Juan Posada, both of McAllen. They accused the doctors of medical negligence for giving Garza the painkiller, which plaintiffs attorneys said they should have known was dangerous for a man with heart problems. In opening statements Wednesday, attorneys for the defense, the family and the doctors disagreed over whether Vioxx was in Garza's system when he died. Family attorneys say Dr. Evans gave Garza a seven-day supply in late March 2001 and Dr. Posada gave him a month's supply on April 4, 2001. But attorneys for both the doctors and for Merck say there was no evidence that Posada ever gave Vioxx to Garza. Plaintiffs attorneys agreed Thursday afternoon to remove the doctors from the lawsuit. The plaintiffs wanted to focus on Merck, family attorney Mauro Ruiz told The (McAllen) Monitor. "The doctors were very pleased," Ronald Hole, their attorney, told The Associated Press. "But Dr. Posada, of course, never even gave Vioxx and Dr. Evans just gave him the seven-day trial of Vioxx. That was way out of his system before he passed away." Hole said he believed the doctors were brought into the lawsuit to bring it into state court. There was some discussion Thursday afternoon whether the case should be removed to a federal court, but Merck attorneys decided to allow it to remain in state court, Hole said. Merck, based in Whitehouse Station, N.J., is facing hundreds of lawsuits from people who took the once-popular painkiller. The drug was pulled from the market in September 2004, when a study showed it could double risk of heart attack or stroke if taken for 18 months or longer. However, Merck says no such risk has been shown for shorter periods. In previous trials, Merck lost a case in a Texas court and won in a New Jersey court. A federal case ended in a mistrial.
The family of Leonel Garza had sued Merck as well as Dr. Michael Evans and Dr. Juan Posada, both of McAllen. They accused the doctors of medical negligence for giving Garza the painkiller, which plaintiffs attorneys said they should have known was dangerous for a man with heart problems. In opening statements Wednesday, attorneys for the defense, the family and the doctors disagreed over whether Vioxx was in Garza's system when he died. Family attorneys say Dr. Evans gave Garza a seven-day supply in late March 2001 and Dr. Posada gave him a month's supply on April 4, 2001. But attorneys for both the doctors and for Merck say there was no evidence that Posada ever gave Vioxx to Garza. Plaintiffs attorneys agreed Thursday afternoon to remove the doctors from the lawsuit. The plaintiffs wanted to focus on Merck, family attorney Mauro Ruiz told The (McAllen) Monitor. "The doctors were very pleased," Ronald Hole, their attorney, told The Associated Press. "But Dr. Posada, of course, never even gave Vioxx and Dr. Evans just gave him the seven-day trial of Vioxx. That was way out of his system before he passed away." Hole said he believed the doctors were brought into the lawsuit to bring it into state court. There was some discussion Thursday afternoon whether the case should be removed to a federal court, but Merck attorneys decided to allow it to remain in state court, Hole said. Merck, based in Whitehouse Station, N.J., is facing hundreds of lawsuits from people who took the once-popular painkiller. The drug was pulled from the market in September 2004, when a study showed it could double risk of heart attack or stroke if taken for 18 months or longer. However, Merck says no such risk has been shown for shorter periods. In previous trials, Merck lost a case in a Texas court and won in a New Jersey court. A federal case ended in a mistrial.
posted by Chris Placitella at 6:22 AM
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