A Word from the Defense: Is Defending Vioxx a Recipe for Disaster? Take a Careful Look at Who Is Sounding the Alarm

The thoughts and observations expressed here do not come from someone with any involvement in the Vioxx litigation, and, therefore, are expressed without any particular familiarity with the facts of those individual cases or the relative strengths and weaknesses of the cases being prepared by both sides. These thoughts and observations do come from someone who has spent the last 25 years as an active participant in many of the large pharmaceutical and medical device cases that have preceded the current mass tort du jour. In every instance, with admittedly varying permutations of victory claims from both sides of the battle, the most effective answer to the onslaught of litigation has been a strong and thorough defense '  not only of the conduct and science story, but also of every individual case. Preparing the defense of these cases is never simple or inexpensive, but comprehensive preparation of every aspect of the litigation is the only effective way to overcome the inherent public prejudice and misconceptions of the pharmaceutical industry that the defendant will face as the cases proceed to trial.

These cases consistently erupt from a smattering of lawsuits to a “mass tort” in the same way. There is a revelation ' almost always accompanied by plenty of media attention ' that some drug or medical device is a “killer,” and that the manufacturer, putting “profits before patients,” ignored the “red flags” and continued to market the product to reap “blockbuster” returns. The lay press is always eager to publish the latest expose of purported corporate greed, and the trial bar is happy to supply investigative reporters with running commentary and juicy excerpts culled from the defendants' documents and employee testimony.