A U.S. judge in New Orleans threw out a Vioxx victory for Merck, citing misrepresentation by a key company witness and clearing the way for a third trial in the case of a widow who charges that the painkiller caused her husband's fatal heart attack.
U.S. District Judge Eldon Fallon on Tuesday granted Evelyn Irvin Plunkett's motion for a new trial and vacated a jury judgment in favor of Merck "due to a misrepresentation by one of Merck's primary witnesses that prevented Ms. Plunkett from fully and fairly presenting her case."
Fallon, who oversees all federal Vioxx lawsuits, said in his ruling that Dr. Barry Rayburn misrepresented his credentials to the court and jury in the trial by testifying he was a board-certified cardiologist when he was not.
Reuters
U.S. District Judge Eldon Fallon on Tuesday granted Evelyn Irvin Plunkett's motion for a new trial and vacated a jury judgment in favor of Merck "due to a misrepresentation by one of Merck's primary witnesses that prevented Ms. Plunkett from fully and fairly presenting her case."
Fallon, who oversees all federal Vioxx lawsuits, said in his ruling that Dr. Barry Rayburn misrepresented his credentials to the court and jury in the trial by testifying he was a board-certified cardiologist when he was not.
Reuters
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