The second Vioxx trial will end this coming week.
So what then?
W. Mark Lanier is one of several plaintiffs lawyers from around the country with Vioxx suits filed against Merck & Co. Inc. who are now banding together to coordinate discovery and devote their time to trying Vioxx suits in state (rather than federal) courts.
"It's our response to Merck's declaration that Merck wants to try all the cases everywhere," says Lanier.
Merck currently maintains it will try each and every Vioxx suit.
In theory, the plans of Lanier and his small, breakaway group of plaintiffs lawyers to try suits in state court will pressure New Jersey-based Merck to come to the settlement bargaining table. That would happen once a number of Vioxx verdicts are returned in those state court suits, effectively setting a market rate for Vioxx cases.
Insider says: Smart move Mark, "check mate" will come sooner and the final cost can be better estimated by the markets.
http://www.law.com/jsp/article.jsp?id=1130499499269
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