- Plaintiff
- Messerschmidt, Kathleen
- Represented By:
- Lanier, W. "Mark" (Lanier Law Firm, PC)
- Plaintiff
- Humeston, Frederick
- Represented By:
- Seeger, Christopher (SeegerWeiss, LLP)
- Defense
- Merck & Co
Pharmaceutical products liability trial against Merck for heart attacks allegedly caused by the painkiller drug Vioxx.
According to the plaintiff, Merck ignored warnings, refused to conduct certain tests, tested around the warnings, and canceled critical investigations. In addition, Merck allegedly misreported test results and put false material in the hands of doctors.
The defense argued that Vioxx was not a substantial cause in Fred Humeston's heart attack, and that Merck did nothing wrong in marketing Vioxx. According to the defense, it wasn't even clear that the plaintiff was using Vioxx at the time of his heart attack, and he had other risk factors for heart attack, such as a sedentary lifestyle and a history of stress and anxiety. Further, a heart attack warning would not have had any effect, the defense said, because Ibuprofen has a heart attack warning, and the plaintiff took Ibuprofen even after having his heart attack.
The jury found for the defendant, awarding $20M in compensatory damages, and $27.5M in punitive damages.
Merk failed to provide adequate warning, misrepresented product, intentionally suppressed/concealed/omitted information
Humeston: Yes
Hermans: No
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:02 | General Case Activities | ||||
![]() | 00:05:46 | Opening Statement | Lanier, W. "Mark" |
Description | Attorney | Witness | Presence | |||
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![]() | 00:00:01 | General Case Activities | ||||
![]() | 00:00:36 | Witness Direct Examination | Lanier, W. "Mark" | Anstice, Mr. David | In Person | |
![]() | 00:37:56 | General Case Activities | ||||
![]() | 00:39:41 | End of Session |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:01 | General Case Activities | ||||
![]() | 00:00:21 | Witness Direct Examination | Lanier, W. "Mark" | Topol, Dr. Eric | Video Recording | |
![]() | 00:58:51 | Witness Cross Examination | Topol, Dr. Eric | Video Recording | ||
![]() | 01:59:11 | Witness Re-Direct Examination | Lanier, W. "Mark" | Topol, Dr. Eric | Video Recording |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:00 | Witness Re-Cross Examination | Strain, Paul | Anstice, Mr. David | In Person | |
![]() | 00:16:20 | Break | ||||
![]() | 00:26:15 | General Case Activities | Anstice, Mr. David | In Person | ||
![]() | 00:29:45 | General Case Activities | Lanier, W. "Mark" | Anstice, Mr. David | In Person | |
![]() | 00:30:15 | General Case Activities | Strain, Paul | Anstice, Mr. David | In Person | |
![]() | 00:31:25 | General Case Activities |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:08 | Witness Direct Examination | Seeger, Christopher | Reicin, Dr. Alise | In Person | |
![]() | 00:16:28 | Witness Cross Examination | Strain, Paul | Reicin, Dr. Alise | In Person | |
![]() | 01:13:58 | Break | ||||
![]() | 01:54:28 | Witness Cross Examination | Strain, Paul | Reicin, Dr. Alise | In Person |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:01 | General Case Activities | ||||
![]() | 00:01:19 | Witness Direct Examination | Lanier, W. "Mark" | Fries, Dr. James MD | Video Recording | |
![]() | 00:16:55 | Witness Cross Examination | Fries, Dr. James MD | Video Recording | ||
![]() | 00:30:15 | Witness Direct Examination | Seeger, Christopher | Reicin, Dr. Alise | In Person | |
![]() | 01:18:00 | Break | ||||
![]() | 01:56:05 | Witness Direct Examination | Seeger, Christopher | Reicin, Dr. Alise | In Person |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:01 | General Case Activities | ||||
![]() | 00:00:22 | Witness Cross Examination | Strain, Paul | Reicin, Dr. Alise | In Person |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:00 | Witness Re-Direct Examination | Lanier, W. "Mark" | Reicin, Dr. Alise | In Person | |
![]() | 00:06:00 | Witness Re-Cross Examination | Strain, Paul | Reicin, Dr. Alise | In Person | |
![]() | 01:37:40 | Break | ||||
![]() | 02:14:15 | Witness Re-Cross Examination | Strain, Paul | Reicin, Dr. Alise | In Person |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:01 | General Case Activities | ||||
![]() | 00:00:15 | Witness Direct Examination | Lanier, W. "Mark" | Krumholz, Dr. Harlan | In Person | |
![]() | 01:13:38 | Break | ||||
![]() | 01:58:33 | Witness Direct Examination | Lanier, W. "Mark" | Krumholz, Dr. Harlan | In Person |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:40 | Witness Direct Examination | Strain, Paul | Morrison, Dr. Briggs | In Person | |
![]() | 00:43:59 | General Case Activities | ||||
![]() | 00:48:20 | Witness Direct Examination | Strain, Paul | Morrison, Dr. Briggs | In Person | |
![]() | 01:37:19 | Break | ||||
![]() | 01:46:10 | Witness Direct Examination | Strain, Paul | Morrison, Dr. Briggs | In Person |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:00 | General Case Activities | ||||
![]() | 00:00:45 | Witness Direct Examination | Strain, Paul | Curfman, Dr. Gregory | Video Recording | |
![]() | 00:29:43 | Witness Cross Examination | Lanier, W. "Mark" | Curfman, Dr. Gregory | In Person |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:01 | General Case Activities | ||||
![]() | 00:00:16 | Witness Cross Examination | Seeger, Christopher | Rarick, Dr. Lisa D. MD | In Person | |
![]() | 00:13:06 | Witness Cross Examination | Lanier, W. "Mark" | Rarick, Dr. Lisa D. MD | In Person |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:17 | General Case Activities | ||||
![]() | 00:04:16 | Witness Direct Examination | Lanier, W. "Mark" | Krumholz, Dr. Harlan | Video Conference | |
![]() | 00:35:06 | Witness Cross Examination | Strain, Paul | Krumholz, Dr. Harlan | In Person |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:06 | General Case Activities | ||||
![]() | 00:01:28 | General Case Activities | ||||
![]() | 00:06:09 | End of Session |
Description | Attorney | Witness | Presence | |||
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![]() | 00:00:30 | Reading of the Verdict | ||||
![]() | 00:02:50 | End of Session |
Description | Attorney | Witness | Presence | |||
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![]() | 00:00:20 | General Case Activities | ||||
![]() | 00:00:32 | General Case Activities | ||||
![]() | 00:34:45 | End of Session |
Description | Attorney | Witness | Presence | |||
---|---|---|---|---|---|---|
![]() | 00:00:01 | General Case Activities | ||||
![]() | 00:00:11 | Reading of the Verdict | ||||
![]() | 00:01:01 | End of Session |
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