Another Merck Vioxx Win

According to an article in the Wall Street Journal — Merck Wins Another Vioxx Trial, by Heather Won Tesoriero — Merck won another Vioxx trial, in New Orleans.  The scorecard is now 7 wins for Merck and 4 wins for plaintiffs.  With regard to mass tort management, the article provides this interesting update:

Over the past year, Judge Eldon E. Fallon, who presides over thefederal Vioxx litigation, heard five bellwether cases, which wereselected through a process involving both parties. Merck won four ofthese five federal cases, which were meant to be instructive to bothsides about how they might fare in a negotiated settlement. JudgeFallon has said he would like the parties to meet following thesetrials and gauge where the litigation stands.

The approach taken by Judge Fallon is consistent with the emerging consensus management approach to mass torts that I sketched out in response to the recent American Lawyer cover article on mass torts.

The Wall Street Journal also provides a trial scorecard for Vioxx.

BGS