Vioxx jury views contested deposition.

The jury in the Vioxx case against Merck down in Texas watched a hotly contested video taped deposition of a a medical examiner whose testimony would appear to hurt the defense.  Merck had gone as far as an emergency appeal to the Texas Supreme court, which denied their motion early yesterday, in their attempt to prevent the video testimony of medical examiner Maria Araneta.

What made it so damaging was that she testified that Mr. Ernst could have too quickly after he showed symptoms of heart trouble to show evidence of a heart attack in an autopsy, and that is was "more likely than not" that the victim had a heart attack because arrhythmias don't happen spontaneously.  Defense counsel for Merck Joseph Piorkowski Jr. tried to go after her on the suggestion that she was changing her initial story, but the witness explained that it wasn't a change, just an elaboration.

Later today we will be posting a 16 minute podcast with noted national mass tort and Vioxx expert, Attorney Richard Arsenault with his views and insights on the trial so far, so be sure to look for that and hear what Richard has to say on this intriguing case.