Judge Carol Higbee interrupted the plaintiffs' first witness in the New Jersey Vioxx case, a Merck sales and marketing executive, to give jurors a highly unusual curative instruction: Under FDA regulations, Merck could have issued a safety warning at any time after learning of the painkiller's cardiovascular risks. Lead plaintiffs lawyer Mark Lanier was so pleased with the instruction that he decided against calling a former Merck chief executive officer as a witness, say lawyers familiar with the case.
March 16, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Eight hours into his testimony at the Vioxx trial in Atlantic City, N.J., last week, the plaintiffs’ first witness got a jolt.
The judge interrupted Merck sales and marketing executive David Anstice and gave jurors a curative instruction: Merck could have issued a safety warning at any time after it learned of the painkiller’s cardiovascular risks in March 2000.
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