NewsInferno.com has an article today reporting an early setback for Merck in the federal Vioxx trial that began this week in Houston. The judge ruled that the plaintiff can play a video for the jury showing testimony from a leading cardiologist and long-time Vioxx critic. An excerpt from the article:
From the beginning of the Vioxx saga the two constants that Merck has feared the most are (1) the paper trail of negative evidence, and (2) Dr. Eric Topol, chairman of cardiovascular medicine at the world-renowned Cleveland Clinic.
Until now, Dr. Topol has been silent, having not been asked to testify at either of the prior state court trials in Texas and New Jersey. As the first federal trial got under way, however, Judge Fallon ruled the jury will be allowed to see a videotaped deposition from Dr. Topol himself.
In that deposition (taken last week), Dr.Topol openly accused Merck of scientific misconduct, misrepresenting facts and endangering patients. He also testified that Merck’s former chief executive complained to a top Cleveland Clinic official about his activities.