UnThreaded | Threaded | Whole Thread (82) | Ignore Thread Prev | Next
Author: SpockV One star, 50 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 41634  
Subject: Re: MRK-stick to the facts Date: 8/25/2005 7:25 PM
Post New | Post Reply | Reply Later | Create Poll Report this Post | Recommend it!
Recommendations: 0
I understand that opportunities to cross examine the expert witnesses was limited possibly preventing adequate exposure of this issue, but skipping legal technicalities, there seems to be so much shadow of a doubt that it doesn't seem that this particular plaintiff should have gotten anything. One begins to suspect that the jury felt it was their duty to punish Merck, as opposed to considering the merits of this specific case.

I posted on the PA board and stronger opinion about the "shadow of a doubt" issue. The plaintiff's attorney closing argument said something to the effect that "51% confidence" in Vioxx being the causative factor in this death was sufficient. The problem is that no reputable doctor would bet his/her lunch, much less $230m, that he/she was greater than "51%" sure of the connection.

I do think that you can make a reasonable case that Merck owes even if this plaintiff something. It's actions prevented the plaintiff from making an informed consent to the treatment. But that is not worth $230m.

I think the ideal case to take on Merck would be a younger person without significant risk factors who, unexplainably, has a heart attack while taking Vioxx. There are probably some of these out there but, even here, you couldn't say that Vioxx was certainly responsible.

I think this is merely the opening salvo in the battle. We'll see what Merck's next move is.
Post New | Post Reply | Reply Later | Create Poll Report this Post | Recommend it!
Print the post  
UnThreaded | Threaded | Whole Thread (82) | Ignore Thread Prev | Next

Announcements

BMW METHOD EVENTS

The 2009 BMW Method Conference has been cancelled, due to minimum attendance numbers not being met. We hope to continue the annual BMW Method Conference tradition next fall.

Learn about the first four conferences on the BMW Method Website.

The BMW Method FAQ

BMW Method Website
Annual Conference Videos and Other Resources & Services
Foolanthropy 2014!
By working with young, first-time moms, Nurse-Family Partnership is able to truly change lives – for generations to come.
When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Post of the Day:
Macro Economics

Looking at Currency Ratios
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
Community Home
Speak Your Mind, Start Your Blog, Rate Your Stocks

Community Team Fools - who are those TMF's?
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and "#1 Media Company to Work For" (BusinessInsider 2011)! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.
Advertisement