Comments on: Vioxx: Mark Lanier’s smears of the Ernst v. Merck judges http://overlawyered.com/2008/05/mark-lanier-ernst-v-merck-vioxx-decision/?utm_source=rss&utm_medium=rss&utm_campaign=mark-lanier-ernst-v-merck-vioxx-decision Chronicling the high cost of our legal system Sun, 27 May 2012 13:04:59 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Ted Frank http://overlawyered.com/2008/05/mark-lanier-ernst-v-merck-vioxx-decision/comment-page-1/#comment-18601 Ted Frank Fri, 30 May 2008 20:12:35 +0000 http://overlawyered.com/?p=7068#comment-18601 Certainly this suit by itself isn't conclusive "about the validity or invalidity of the scientific case against Vioxx," but the fact remains that plaintiffs have had to resort to conclusory <I>ipse dixit</i> evidence of causation in <I>every</i> Vioxx trial to date. Certainly this suit by itself isn’t conclusive “about the validity or invalidity of the scientific case against Vioxx,” but the fact remains that plaintiffs have had to resort to conclusory ipse dixit evidence of causation in every Vioxx trial to date.

]]> By: Benjamin Cooper http://overlawyered.com/2008/05/mark-lanier-ernst-v-merck-vioxx-decision/comment-page-1/#comment-18600 Benjamin Cooper Fri, 30 May 2008 20:09:30 +0000 http://overlawyered.com/?p=7068#comment-18600 I think Ernst is a pretty reasonable decision - if the claim is that Vioxx causes blod clots, you'd better darn well be able to show that you have a blood clot. While it doesn't speak well to Mr. Lanier's credibility, I don't think this suit demonstrates much about the validity or invalidity of the scientific case against Vioxx, given that the court held that Ernst couldn't prove he even suffer the injury that Vioxx was alleged to cause. I think Ernst is a pretty reasonable decision – if the claim is that Vioxx causes blod clots, you’d better darn well be able to show that you have a blood clot.

While it doesn’t speak well to Mr. Lanier’s credibility, I don’t think this suit demonstrates much about the validity or invalidity of the scientific case against Vioxx, given that the court held that Ernst couldn’t prove he even suffer the injury that Vioxx was alleged to cause.

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