As the first Vioxx trial gets underway in Texas, there is a lot of speculation about how each side will present its case--how many fact witnesses, how many experts, how much time.
Both sides are telling the court that the trial will take five weeks. Often, the first few trials in a new mass tort take longer than later cases. In the diet-drug litigation, however, the first trial that went all the way to verdict took only three weeks. Here's how that trial played out--
Jury Selection 2 days
Plaintiff’s Case 7 days
- Expert toxicologist/pharmacologist
- Expert cardiologist
- Company employee 1 (all company employees via deposition; all others live)
- Company employee 2
- Company employee 3
- Treating physician 1 (prescriber)
- Treating physician 2
- Company employee 4
- Company employee 5
- Treating physician 3
- Company employee 6
- Company employee 7
- Company employee 8
- Company employee 9
- Company employee 10
- Company employee 11
- Company employee 12
- Company employee 13
- Company employee 14
- Plaintiff’s mother
- Nutrition expert
- Company employee 15
- Company employee 16
- Company employee 17
- Company employee 18
- Plaintiff Requests for Admissions read
- Company employee 19
Defendant's Motion for Directed Verdict Half a day
Defendant’s case 5 days
- Expert on FDA issues
- Expert cardiologist
- Company employee (live)
Closing arguments 1 day
Though the defense case was shorter than the plaintiff's, the defense also spent a lot of time during the plaintiff's case on cross-examination and on reading portions of employee depositions that the plaintiff chose not to read. The jury returned a verdict of $23 million.
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