Today, in a crucial day for the plaintiffs, the expert for Merck was cross examined by Attorney Moshe Horn, one of the representatives for Frederick Humeston, who is suing Merck for damages he alleges occurred from taking the drug Vioxx. Links here to the AP and WSJ stories.
As reported earlier, observers and analysts seem to think this witness and his credibility is crucial to rebutting arguments by the plaintiffs about causation, and that jury questions at earlier phases of the trial seem to indicate that their were some doubts about how much the plaintiffs work stress and prior health issues might have contributed to his cardiac event.
Based on the transcripts Attorney Horn aggressively went after what he believed were flaws in the methodology and the conclusions of Dr. Tyberg, to the point of being reminded to keep his voice down.
Looking at the last couple of weeks of testimony and efforts, both sides are vigorously fighting for their respective clients and that Merck is clearly not repeating the seemingly lack luster and passive defense they put on in the first case in Texas, at least in contrast to the dynamic work of Attorney Mark Lanier.