Merck Files Brief in Ernst Appeal, Cites Faults in Causation Evidence



DOCUMENTS
  • Merck's Brief


HOUSTON -- Merck & Co. Inc. has filed a brief in its appeal of the nation's first Vioxx verdict, saying that the plaintiff failed to prove causation and ambushed the defendant with a surprise witness. Merck & Co. Inc. v. Ernst, No. 14-06-00835 (Texas 14th Dist. Ct. App.).

In the April 5 brief, Merck also contends that the trial "was dominated by the uncontrolled antics of plaintiff's counsel," who promised the jury they would become media stars if they delivered a plaintiff's verdict and insinuated that the judge's wife sided with the plaintiff.

A 23rd District Court for Brazoria County …






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