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Merck Executive’s Vioxx Testimony Interrupted

Added March 15th, 2006

A Merck executive who was speaking at the latest Vioxx trial in Atlantic City, New Jersey, had his testimony interrupted by the judge who went on to instruct jurors about label warnings on the drug. Sales and Marketing Executive, David Anstice, was eight hours into his testimony when the judge, Carol Higbee, interrupted him and turned to the jury.

The judge explained that she wanted to alleviate any confusion with regards to the way the drug was marketed and wanted the jury to be aware that Merck, the pharmaceutical giant that manufactures Vioxx, could have added a safety warning at any time after learning of the drug’s potential hazards.

Anstice, in his testimony, had been stating that the drug had been marketed responsibly by Merck, and that no warning about heart attack and stroke risks could have been added without getting approval from the Food and Drugs Administration.

The judge stated to the jury: "I just wanted to advise you that the law under FDA regulations does allow a company to change their warnings, to warn consumers and physicians about dangers they find out about after the label is approved. They're allowed to make those changes through a special procedure, without prior FDA approval."

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