Merck & Co. Inc. was doing well in federal litigation over its painkiller Vioxx a few years ago, obtaining multiple jury verdicts in its favor. The biggest loss? A $250 million award in state court in Texas.
That verdict was later overturned on appeal, but plaintiff’s lawyer believe the state court onslaught helped persuade Merck to settle the litigation for $4.85 billion. State court cases continue to play a significant role in mass torts, including the federal multidistrict litigation against Toyota Motor Corp. That’s why the judge assigned to five lawyers the role of liaison counsel to a raft of state court cases, many of which are being coordinated for pretrial proceedings.
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