Merck Loses in Texas
Normally I’d give you a link to the full news story, but in this case I think you’ll find one of the 2300 or so major news-site links on your own. Merck’s lawyers are so far holding to their pre-trial plan to appeal the verdict and the massive punitive damage award. They also claim to have the mandate, the resources and the resolve to try separately each of the 4000+ pending cases. I’m not yet ready to comment on the merits of the case against Merck, the quality of the testimony or the verdict–eventually I will be, after I read a transcript of the proceedings. And I won’t attempt to predict the outcome of the appeal of this case either. I will, however, make one simple prediction on a morning when many Merck emloyees are at home with their loved ones questioning their reasons for joining Merck, for staying there, for staying in the industry anywhere. If Merck is denied an appeal hearing, or if they are granted a hearing and lose the appeal, Merck’s resolve to try all, or even a few, of the pending cases will dissolve as fast as nitro under the tongue. You can bet on it, but then you already knew that.
