Merck Files Brief in Ernst Appeal, Says Causation Evidence Failed

HOUSTON -- Merck has filed a brief in its appeal of the nation's first Vioxx verdict, saying that the plaintiff failed to prove causation and ambushed the defendant with a surprise witness. Merck & Co. Inc. v. Ernst, No. 14-06-00835 (Texas 14th Dist. Ct. App.).

In the April 5 brief, Merck also contends that the trial "was dominated by the uncontrolled antics of plaintiff's counsel," who promised the jury they would become media stars if they delivered a plaintiff's verdict and insinuated that the judge's wife sided with the plaintiff.

A 23rd District Court for Brazoria County jury found Merck …