Appeals Courts Refuse to Grant Merck Mandamus Relief for Vioxx Testimony Ruling

AUSTIN, Texas - Merck & Co. has failed at two attempts to appeal a recent ruling by the judge presiding over the nation's first Vioxx trial after he ruled that a former medical examiner could testify before the jury regarding the plaintiffs alleged cause of death. In Re: Merck & Co., Inc., No. 14-05-00761 (Texas 14th Ct. App.); In Re: Merck & Co., Inc., No. 05-0591 (Texas Sup. Ct.).

On Aug. 1, the Texas Supreme Court denied Merck's petition for writ of mandamus, which was filed July 29, one day after the Texas Fourteenth Court of Appeals refused to grant …