2 Vioxx Cases to Be Tried Together

Merck & Co. will face two plaintiffs at its second California trial over the painkiller Vioxx.

Los Angeles County Superior Court Judge Victoria Chaney on Tuesday overruled Merck’s objections to trying the two cases simultaneously. Rudolph Arrigale, 77, and Lawrence Appell, 57, claim that Vioxx caused their heart attacks. Merck could have faced as many as four plaintiffs at next month’s trial.

“We believe that each case is unique and that each plaintiff represents a different medical history,” Merck lawyer Thomas Yoo said Wednesday. “Combining these cases invites jury confusion.”

Vioxx users or their family members have filed about 16,000 product liability suits against Merck. The Whitehouse Station, N.J.-based company pulled Vioxx from the market almost two years ago, when a study showed a higher risk of heart attack and strokes after 18 months of use. Last month, Merck won the first Vioxx trial in California.

The Journal of the American Medical Assn. on Tuesday published reviews of 137 studies that concluded Vioxx raised heart and kidney risks in some cases within a month of starting treatment, earlier than Merck has claimed.

Shares of Merck fell $1.06 to $41.09 on Wednesday.