Merck will face two plaintiffs at its second California trial over the painkiller Vioxx.
Los Angeles County Superior Court Judge Victoria Chaney yesterday overruled Merck's objections to trying the two cases simultaneously. Rudolph Arrigale, 77, and Lawrence Appell, 57, claim Vioxx caused their heart attacks.
Merck could have faced as many as four plaintiffs at next month's trial.
``We believe that each is case is unique and that each plaintiff represents a different medical history,'' Merck lawyer Thomas Yoo said today in a telephone interview. ``Combining these cases invites jury confusion.''
Vioxx users or their family members have filed about 16,000 product-liability suits against Merck. The Whitehouse Station, New Jersey-based company pulled Vioxx from the market almost two years ago when a study showed a higher risk of heart attack and strokes after 18 months of use. Last month, Merck won the first Vioxx trial in California.
JAMA yesterday published an editoral and reviews of 137 studies that concluded Vioxx raised heart and kidney risks in some cases within a month of starting treatment, earlier than Merck has claimed.
Bloomberg
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