Case Study: Merck V. Garza

Law360, New York (October 27, 2011, 4:51 PM EDT) -- The Texas Supreme Court recently issued an important opinion concerning products liability. Merck & Co. v. Garza (Tex. 2011), stemmed from litigation involving the diet drug Vioxx.

The court held that plaintiffs seeking to prove general causation with epidemiological evidence must provide at least two independent case studies demonstrating that subjects who used the product under circumstances substantially similar to those encountered by the plaintiff doubled their risk of injury. The plaintiff must also demonstrate that other plausible causes of the injury that could be negated...
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