Merck Says New Barnett Trial Should Cover All Issues

NEW ORLEANS - Merck & Co. Inc. has moved for a new trial on all issues, not just damages, in the federal Barnett case, arguing that the damages and liability issues are 'inextricably intertwined' and the entire verdict was 'infected with passion and prejudice.' In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

In a Sept. 8 motion and memorandum filed in the U.S. District Court for the Eastern District of Louisiana, Merck also argues that the Aug. 17 verdict was inconsistent and against the weight of the evidence presented during the two-and-a-half-week trial of Barnett v. Merck …