Lawyers Switch Tactics for Vioxx Retrial

‘Lawyers switched legal tactics for the retrial of the first federal Vioxx case, working to convince jurors that manufacturer Merck & Co. ignored safety in favor of sales, rather than opening with medical testimony.

That approach is much closer to an earlier trial in a Texas state court, in which jurors decided Merck should pay $253.4 million, than to the original federal trial. The federal trial ended with a hung jury; jurors reached afterward said the deadlock was 8-1 in Merck’s favor.’

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