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Merck Vioxx Ruling Harmful to Company

On the eve of the first federal trial over the withdrawn painkiller Vioxx, experts say a key pretrial ruling has worsened the prognosis for drugmaker Merck & Co., which vows to fight thousands of Vioxx product liability lawsuits one by one. Merck, the world`s No. 5 drugmaker, pulled Vioxx from the market in September 2004 when its own study showed the painkiller could double risk of heart attack or stroke if taken for 18 months or longer.

U.S. District Judge Eldon Fallon ruled November 16 that plaintiff lawyers in the trial starting Tuesday in Houston may present evidence that brief Vioxx use can trigger heart attacks and strokes, rejecting Merck`s motion to throw out the case for insufficient evidence. Meanwhile, more Vioxx lawsuits are being filed against Whitehouse Station, N.J.-based Merck ? at least 7,875 cases as of Wednesday.

Merck now will have to fight each short-term case in court or settle it, said Fordham Law School Professor James A. Cohen. Legal experts say Fallon`s ruling blocked Merck`s effort to squelch the roughly one-fourth of federal lawsuits involving short-term Vioxx use.