Just five weeks before trial was set to begin in the Court of Common Pleas, Philadelphia County, Angela McCool voluntarily dismissed with prejudice her lawsuit against Merck & Co, in which she alleged that Merck & Co's withdrawn COX-2 inhibitor Vioxx (rofecoxib) had caused her husband's heart attack and death. The case was selected for trial by plaintiff's counsel and would have been the first Vioxx case to go to trial in Philadelphia.
"We believe that our evidence was strong in this case and Merck was prepared to go forward with the trial," said Ted Mayer of Hughes Hubbard & Reed, Merck's outside counsel.
In this case, Ms McCool alleged that Vioxx caused her husband's heart attack and death even though her husband experienced symptoms of heart trouble long before he took the drug and had several risk factors, including hypertension, high cholesterol and obesity.
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