Merck is in big trouble in Texas.

There was a lot of talk about causation, and how Merck had a strong case that would come out in trial, but at the mid point of the first big Vioxx trial down in Texas, Merck looks to be in big, big trouble.

As reported In today's NY Times, things are not going well for Merck on this first major case. 

They have looked disjointed, been hammered repeatedly by Attorney Mark Lanier through the use of their own internal documents, and according to the lawyers we have spoken with right here on The Settlement Channel, even they are cautiously optimistic that this might be a plaintiffs verdict on the first case right out of the box.  As I have no stake in the outcome I can speculate all I want, and quite frankly I think Attorney Lanier's decision to put his case in using a non-cronological order of going right after their scientists right up front was brilliant. While the jury was the most focused and into the case he laid out his heaviest punches at the opening bell and I don't think Merck has ever recovered. It could still go Merck's way in the end, but as the under dog in the case it was absolutely out standing tactical strategy and might well result in a plaintiff's verdict in the end.

If you want to hear our latest podcast on this just click into the podcast section and it's right there. I was joined by Attorney Jan Schlichtmann and Attorney Richard Arsenault early this week, and they will be back with us again next week as well to discuss Merck's side of the case now that Lanier has rested his case.

Posted on August 6, 2005 .