Ill. Plaintiff Seeks New Trial on Design Defect, Negligence Claims

EDWARDSVILLE, Ill. - The plaintiff who lost the Midwest's first Vioxx trial has moved for a new trial on his design defect and negligence causes of action, arguing that the trial judge didn't weigh all evidence when he granted Merck & Co. Inc.'s motion for directed verdict on a defective design claim. Schwaller v. Merck & Co. Inc., No. 05-L-687 (Ill. 3rd Jud. Cir., Madison Cty.).

Frank Schwaller says in the May 25 motion for new trial that Judge Daniel Stack of Illinois' 3rd Judicial Circuit for Madison County granted the directed verdict based solely on Merck's affirmative defense that …