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Drug maker Merck & Co. repeatedly tried to downplay the cardiac risks of its painkiller Vioxx, so user Elaine Doherty didn't know about them and couldn't control them before she suffered a heart attack after taking the drug, her lawyer told jurors as a product liability trial began Monday.

Credit Pacific Service Union Doherty, a diabetic grandmother of seven who was taking Vioxx for arthritis, blames her January 2004 heart attack on the drug. Merck withdrew Vioxx from the market on Sept. 30, 2004, saying its own research showed it doubled risk of heart attack and stroke after 18 months' use.

Drug maker Merck & Co. has scored a victory in the first Vioxx case to go to trial in California. A Los Angeles County jury ruled late Wednesday that retired construction manager Stewart Grossberg failed to prove that the painkiller caused his heart attack, the Los Angeles Times reported. This is Merck's fifth win in eight Vioxx trials. Some experts regard it as an important victory because it came in the Central Civil West courthouse, liability cases.

Credit First Service Union However, Doherty attorney Jim Pettit said that after Vioxx was launched in 1999, Merck pushed the Food and Drug Administration to put new data about the drug's cardiac risks in the precautions section of the detailed package insert, rather than in the more-prominent warnings section. Merck calculated that placement would hurt sales less, and the Whitehouse Station, N.J.-based company then scrapped plans to finally study the drug's cardiac safety, Pettit said.

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Card Credit Mobile Service Doherty, a 68-year-old Lawrenceville homemaker, had been working hard to reduce her risk factors for heart trouble, her lawyer said. Between the late 1990s and 2003, she lost 90 pounds, cut her cholesterol level in half and sharply lowered her blood pressure and blood sugar level, but Vioxx added another risk, Pettit said. Merck downplayed that risk in an April 2002 letter to doctors, including Doherty's, he said.

Based on evidence showing increased heart attack rates in Vioxx users, the FDA suggested putting a cardiovascular warning on the label. Merck, the maker of Vioxx, vehemently objected. On November 8, 2001, when talks with the FDA were not going to Merck%š liking, the head of Merck%š

Card Credit Discover Service "There was a 510 percent increased risk that Elaine Doherty would have a heart attack because she was taking Vioxx," Pettit said, pointing out his client, her husband, Daniel, and their children in the courtroom.

Nevertheless, six of the 10 Big Pharmas had outstanding stock growth, equaling or bettering the Dow Jones, including Merck (which continues to battle the Vioxx lawsuits) and AstraZeneca. Merck received FDA approval for several new vaccines, and has gone on biotech deal spree, which ran contrary to Merck's prior historical strategy which dictated that all new products must come from within Merck's own research efforts.

Credit Public Service Union "Vioxx was one substantial contributing factor" in the heart attack, and that is all the plaintiffs have to prove, he said. "Give Elaine and Dan justice, no more and certainly no less."

On September 30, 2004, publicized, Merck withdrew Vioxx from the market. The statement released by Hagen Berman law firm Saturday gives the impression that lawyers are on the hunt for more patients who used Vioxx over the four year period. In its description of the law firm, million dollar settlements were listed as if some form of trophy or assurance to residents of Arizona who might consider joining in the suit. Though there was no direct appeal to contact the firm.

Card Credit Processing Service Lawyers for Merck, which now faces more than 13,000 Vioxx-related lawsuits, began their opening arguments Monday afternoon.

Center Credit Service Union The case is the seventh to come to trial over Vioxx, which had been a $2.5 billion-a-year blockbuster for Merck, and is the first trial with a female plaintiff. Merck has lost three trials so far, with juries awarding multimillion-dollar verdicts in each. The company plans to appeal those losses.

Card Credit Service Wireless The trial is the first since new Vioxx research results, recently disclosed by Merck, raised questions about how quickly the drug could cause harm, potentially undermining the credibility of Merck, which has vowed to fight every lawsuit individually.

Credit Security Service Union Merck's legal team includes Baltimore lawyer Paul Strain and will be led by Diane Sullivan, who helped the company win its first Vioxx trial in New Jersey last November, despite several confrontations with State Superior Court Judge Carol E. Higbee. Higbee is handling all the Vioxx lawsuits filed in New Jersey, about 6,435.

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