Merck Seeks to Vacate Ernst Verdict, Says Plaintiff Relied on 'Junk Science'

ANGLETON, Texas - Merck & Co. Inc. has filed a motion to set aside a Texas jury's $253.4 million verdict in the first-ever Vioxx trial and to enter a take-nothing judgment in the drug manufacturer's favor, claiming that the verdict was based on so-called 'junk science' and other legally insufficient evidence. Ernst, et al. v. Merck & Co. Inc., et al., No. 19961*BH02 (Texas 23rd Dist. Ct., Brazoria Cty.).

The April 24 motion, filed in Brazoria County's 23rd District Court, states that plaintiff Carol Ernst offered only speculative theories as to how her husband's short-term use of Vioxx caused or …