Judge Denies Merck Motion for Judgment During Barnett Trial

NEW ORLEANS - Less than two weeks into the second federal Vioxx MDL trial, Merck & Co. Inc. moved for judgment as a matter of law, saying the plaintiff rested his case without presenting legally sufficient evidence for the jury to find in his favor. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

On Aug. 10, after eight days of testimony from 18 witnesses, Merck said that plaintiff Gerald D. Barnett failed to present scientifically reliable and sufficient evidence of general and specific medical causation that his use of Vioxx 25 mg for 31 months accelerated his …