Plaintiff in First Calif. Vioxx Trial States Intention to Seek Retrial

LOS ANGELES - The plaintiff who lost California's first Vioxx trial says he intends to move to vacate the verdict, alleging that newly-discovered evidence, abuse of discretion by the court and jury misconduct warrant a new trial. Vioxx® Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

Stewart Grossberg, 71, filed the notice of intention Oct. 12 in the Los Angeles County Superior Court, where a 12-person jury on Aug. 2 absolved Merck & Co. Inc. of liability for a heart attack Grossberg suffered in 2001 after taking Vioxx intermittently, and at varying doses, for 26 months.

Grossberg noted …