Merck Files Brief in Garza Appeal, Says Causation Evidence Insufficient

SAN ANTONIO, Texas - Merck & Co. Inc. has filed a brief in its appeal of a Texas jury's finding that the company was liable for a fatal heart attack suffered by a 71-year-old man who took Vioxx for less than a month, saying that the plaintiffs failed to prove causation and that juror misconduct, at minimum, warrants a new trial. Merck & Co. Inc. v. Garza, et al., No. 04-07-00234-CV (Texas 4th Dist. Ct. App.).

Merck also contends in the July 16 brief filed in Texas' Fourth District Court of Appeals that there is no evidence that Merck failed …