Baker Botts partner Stephen Tipps says an Aug. 26 Texas Supreme Court opinion in a Vioxx case marks a win for his client Merck & Co. Inc. and clarifies requirements in Merrell Dow Pharmaceuticals Inc. v. Havner.
“[A]s a result, the bar going forward will have a better understanding as to what is required when you seek to prove causation through . . . epidemiological evidence,” Tipps says about Merck & Co. Inc. v. Felicia Garza, et al. “It goes way beyond Vioxx. . . . It is of particular importance in pharmaceutical litigation, because it deals with the issue of clinical trials.”
