SAN FRANCISCO, April 11 /PRNewswire/ -- Some lawyers may have been surprised at the outcome of the most recent Vioxx trial. But it was no surprise for veteran San Francisco attorney William M. Audet, who currently represents over three hundred injured victims of Vioxx.
"The conventional wisdom' was that plaintiffs with preexisting conditions were not viable cases," says Audet.
Mr. Audet, a partner with the firm of Alexander, Hawes & Audet, LLP has been saying for months that plaintiffs with "existing vascular conditions" may actually make the best plaintiffs. In fact, Mr. Audet's firm was one of the earliest firms willing to represent such clients.
The most recent Vioxx trial, in which plaintiff John McDarby and his wife won a multi-million dollar verdict against Merck, certainly validates Audet's strategy. "Mr. McDarby's case hinged partially on the allegation that Merck failed to warn him (and his doctor), that Vioxx could be especially dangerous for someone with existing heart problems," says Audet.
Indeed, says Audet, "It appears that Merck was under a clear duty to warn users of the dangers of Vioxx, and even more so in cases where the users were already vulnerable because of existing medical conditions."
"According to the evidence presented at trial, Merck did not do this, and that may be one of the reasons why the jury awarded significant punitive damages," says Audet, whose firm does not represent the McDarbys.
"Of course, these trial results also reflect the excellent representation by plaintiff's attorneys Mark Lanier and Robert Gordon, who played David to Merck's Goliath," says Audet.
Audet predicts that this most recent victory for consumers will empower even more Vioxx victims to seek legal redress for their injuries. "Plaintiffs who thought they did not have a case because of a preexisting condition are now realizing that their preexisting condition -- and Merck's duty to warn -- is their case."
Alexander, Hawes & Audet, LLP represents plaintiffs in pharmaceutical, antitrust, and complex personal injury cases. Founded in 1977, the Firm is dedicated to quality representation of its clients and prides itself on aggressive and ethical advocacy of its clients' claims. Call Alexander Hawes & Audet, LLP at 877-775-6337 or visit www.alexanderlaw.com for further information.
Alexander, Hawes & Audet, LLPCONTACT: William Audet, +1-415-982-1776, or waudet@alexanderlaw.com, orKevin Thomason, +1-415-982-1776, ext. 219, both of Alexander, Hawes &Audet, LLP
Web site: http://www.alexanderlaw.com/
