Observers are noting that Merck has already run into trouble during its second Vioxx trial. Heart expert Dr. Benedict Lucchesi nearly broke into tears Friday as he read internal Merck memos reviewing the danger posed by Vioxx before it was approved for marketing in 1999. "They're putting profits before lives," he told the jury. The judge in the trial has already chastised Merck's attorney for violating a pretrial order not to cast aspersions about litigious attorneys. And the Merck attorneys have been stopped from introducing FDA memos comparing the cardiovascular risks associated with Vioxx with all painkillers. Another major jury award in this trial would compound the massive liability the drug maker is already facing as it squares off against thousands of plaintiffs around the world.
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