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M. Brandon Smith
M. Brandon Smith
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First California Vioxx Trial Goes To The Jury

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Jury deliberations are set to begin today in the first Vioxx trial in California. This case involves a Stewart Grossberg, 71, who took Vioxx beginning in 1999 to manage joint pain in his knees and hands. Grossberg suffered a heart attack in 2001 and attributes that event to his use of Vioxx. In this trial, Grossberg and his attorneys, contend that Merck, the manufacture of Vioxx, was negligent and failed to warn users of the dangers associated with its use.

According to Mercurynews.com:

“Where we sit is, there is no question according to their own documents, that Vioxx causes heart attack and stroke,” Girardi told jurors.

Girardi implored the jury to set an example for other drug companies by returning a verdict in favor of his client.

“This case is far greater than Mr. Stewart Grossberg,” Girardi said. “What if one company out there based upon what you do says, ‘We’d like to think this through. We don’t want to hurt anyone?'”

Merck has previously won four Vioxx cases and lost three in states other than California. With more than 2,000 other Vioxx trials waiting in the wings there, the impact of this case could be monumental in evaluating all future claims filed in California.

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