Faced with nearly 5,000 lawsuits filed over Vioxx, Merck has abandoned its decision to defend each and every one of the court actions, saying they'll settle some cases out of court if the plaintiff can show that the victim took Vioxx for a prolonged period and had no other risk factor for heart disease. The shift in legal strategy may prove a tricky one for the drug giant. Merck hoped to damp down the number of lawsuits by vowing to fight each one and may find itself encouraging more if it signals a willingness to settle. But after a Texas jury slammed Merck with a $253 million award in its first foray before a jury, plaintiffs may have all the encouragement they need.
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