According to a Reuter’s report today, the judge in the ongoing New Jersey Vioxx trial has instructed the jury to disregard the entire testimony of Merck’s first witness. The judge said Merck’s defense team misled her as to the nature of the witness’s testimony.
Judge Carol Higbee repeatedly instructed one of Merck’s lawyers to “sit down and stop speaking.” Judge Higbee even threatened to have the attorney removed from the courtroom.
This latest misstep by Merck comes after five unsuccessful motions for mistrial and an unsuccessful motion for a directed verdict.
