Goldman Ismail Obtains Complete Defense Verdict for Merck in Vioxx Case Brought by LA Attorney General

In the first trial of its kind in the country, Judge Eldon Fallon of the U.S. District Court for Eastern District of Louisiana ruled in favor of Merck on the State’s claim for damages for monies paid for Vioxx through the state’s Medicaid program. After a 2-week bench trial, the court rejected the Louisiana Attorney General's claims that Merck misrepresented the safety of Vioxx® to Louisiana Medicaid officials and that Merck caused any injury to plaintiff. The court’s opinion also rejected the state’s claim that it would have created a restrictive formulary that would have excluded reimbursement for Vioxx® use by state residents through Louisiana’s Medicaid program. Tarek Ismail was lead trial counsel for Merck, and Joe Tomaselli, Ken Baum, and Brian O’Donoghue were members of the trial team.

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