Calif. Vioxx Plaintiff Says Improper Jury Instructions Warrant New Trial

LOS ANGELES - A California man who lost a Vioxx trial against Merck & Co. Inc. in August has moved for a new trial, stating that the jury was given improper instructions and allowed to consider evidence that violated his rights and prevented a fair trial. Vioxx® Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

In an Oct. 23 motion filed in the Los Angeles County Superior Court, plaintiff Stewart Grossberg, 71, claims that the court's jury instructions contained undue emphasis on the FDA's approval of Vioxx. In addition, jurors were allowed to consider an FDA memorandum based …