Vioxx jury asks to hear doctor’s testimony again

Kristen Hays, Angleton

The trial that began July 14 was the first of more than 4,200 lawsuits in America to go before a jury. The case has drawn national attention as the first test of Merck’s legal fate, and speculation is Merck’s liability could reach 15 billion.

A little more than two hours into their second day of deliberations, lawyers said jurors asked for a replay of testimony from Dr Maria Araneta, who attributed the 2001 death of Robert Ernst to an irregular heartbeat secondary to clogged arteries. The panel had yet to specify which part it wanted to hear, and any replaying of testimony must take place in open court.

Vioxx-maker Merck & Co. used that autopsy to support the company’s contention that the painkiller had nothing to do with Robert Ernst’s death.

Merck pulled the E2bn seller from the market last year after a study showed it could double risk of heart attack or stroke if taken for 18 months or longer, but the company says no studies link Vioxx to arrhythmia, or irregular heartbeat.

Plaintiff Carol Ernst alleges Vioxx caused a heart attack that led to the fatal arrhythmia.

Dr Araneta testified that a blood clot probably caused a heart attack that triggered Ernst’s arrhythmia. She said vigorous CPR likely dislodged the clot so she couldn’t find it during the autopsy and his death was too sudden to leave evidence of the heart attack.