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Monday, September 25th 2006

More On Garza v. Merck

Remember when that juror was accused of owing money to a Vioxx plantiff? God bless the people of south Texas. In anycase the Law Blog has more juicy details.

[Former Juror] Mr. Rios admitted that since 2003, he’d received $5,000 to $10,000 in interest-free loans from [the Plantiff] Ms. Garza. He said he paid off his last loan at the end of 2005. The Vioxx trial began in January 2006. His cell phone records showed that calls were made to Ms. Garza’s phone when he received his notice for jury duty and the night before jury selection. He maintains the calls were made by his wife.

Are you kidding me? You call the plantiff the night you recieve your jury duty summons? How can this verdict much less this award stand?

Mr. Garza passed away from a heart attack. Yet the man was a smoker most of his adult life (pack history?), with type II diabetes, who had a surgical history of a quadruple bypass! The plantiff’s evidence centered around a stress test he had months before his passing which they claimed he had only a 2% chance of a heart attack over the next year (of course…)

I questioned the jury’s collective intelligence in thinking they could assign responsibility for Mr. Garza’s MI to Vioxx, with a history like that. Now you have to question their scruples.