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Monday, January 22nd 2007

McCool v. Merck

You need to go read Point of Law’s new post on the most recent Vioxx dismal. The case was dismissed with prejudice by the Plantiff. If you haven’t been paying attention this is one of many suits to come to such a conclusion.

I can honestly say I thought the large number of plantiffs dropping cases was odd.

I figured however the ranks of those plantiff dismissed suits were rife with attorneys who were in the game waiting for Merck to lose some and go the way of a class action settlement. As the process dragged on, and with a ‘weak’ case on their hands they bailed instead of facing the cost of a trial.

That reasoning might display my complete ignorance of the legal process. In any case, Point of Law has some very different and interesting reasoning:

I really wonder whether the Plaintiffs’ Steering Committee (or individual trial lawyers with large inventories of Vioxx cases) are buying off plaintiffs with weak cases so that Merck doesn’t have a pile of victories in the early going, something that has effectively shut down other pharmaceutical mass tort litigation that settled for nuisance sums.

Go read it all.