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.
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