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May 15, 2008 Lawyers and Judges Presiding over a Breakdown of Basic JusticeThe claims for injuries allegedly caused by the painkiller Vioxx have seemed rather dubious to me. It always felt like another example of justice run amok with the judges and lawyers involved subverting the process for personal gain. A ruling by the Texas Court of Appeals yesterday overturning a $32 million award to the widow of 71-year-old man whose death was linked to the drug appears to affirm this view. The judges ruled the widow did not prove that his brief use of Vioxx caused two blood clots that they claim triggered his heart attack. Also, they concluded that there was insufficient evidence to rule out his long-standing heart disease and other chronic ailments as the cause of his fatal heart attack. The man took Vioxx for less than a month. This case doesn't even pass the laugh test. The man was 71 years old with a history of chronic heart disease and he only took the drug for a couple of weeks. You don't need to be a blood relative of Dr.Jonas Salk and Chief Justice John Roberts to immediately conclude the claim is frivolous. At 71 after a near fatal heat attack this man was probably a walking specimen (that is if he was even ambulatory) of every disease and affliction known to man. Lawyers that pursue this kind of perverted justice should be sanctioned and disbarred and judges that allow cases like this in their courtroom should be removed and disbarred. Clearly, the Superior courts have been much to lax in their supervision of the lower courts. Most states vest their highest court the power to oversee lower courts. At the Federal level the Chief Justice also has the responsibility to oversee the administration of the entire federal judiciary. In 1922, Congress established the Judicial Conference of the United States, the governing body for the administration of the federal judicial system. As chair of the conference, the chief justice presides over the conference's biannual meeting, manages the agenda, and appoints committees. Evidently, the Chief doesn't understand the serious and systemic problems afflicting the courts that is undermining basic justice and the administration of laws. Other than some esoteric speech I can't recall any substantive action by this conference in my lifetime. |
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Comments
Christopher Alleva is partially correct. Yes, the Texas man did have pre-existing conditions that proved fatel and yes, it is questionable that Vioxx was the principle culprit.
But it is also very true that he could have lived a longer life with his family were it not for his taking vioxx.
The real meat of this case, like so many other cases that were tried, they (the plaintiffs) had multiple potential causes for an MI.
I am a plaintiff in a case submitted to the Federal Court in New Orleans. I had a major heart attack whereby all signs of life vanished and they revived me with electric shock. The real tragedy for me was (and is) that I lost 36% of my heart from oxygen deprivation. My life span is shortened considerably and I am continentally out of breath and have to ask for help. Something that is very foreign to me.
The cardiologist told me that I had a healthy prior to the MI. I did not have a plaque build up in my arteries and except for my taking vioxx, my heart attack was a freak. I do not have any family history of heart problems and I neither drink or smoke. I live in the country on a farm with nothing but clean air.
You are lumping the case that was overturned with others that have every reason to blame vioxx for a shortened life span (if they survived the heart attack)
It is very noteworthy that Merck cherry picked cases that had previous heart problems.
Your condemnation of those that have sued Merck is very irresponsible. You have climbed in bed with big pharma. So take your medications, read all the fine print cause the responsibility is all yours.
Posted by: Allen Hurlburt | May 16, 2008 06:18 PM
Allen Hurlburt posted a comet that is so right. It is time that these companies are held responsible for there actions. It has been stated that Merck knew that Vioxx was doing harm and possibly killing thousands of people. But due to their greed they continued to push Vioxx for billions of dollars.
All my life I have heard how you should have faith in the Justas system .well if that statement was correct The head officers of Merck should be in jail for involuntary man slather for the deaths of so many. That would be and should be Justas
I my self was all messed up and partly disabled because of a doctor's neglect in 2 surgeries he performed on me. I lost the use of my left arm. I also wound up with gangrene in my stomach and had to have some intestine removed and came close to dieing,
To begin a lawsuit I had to find doctors out of the state of WI. to look at all the medical records at up to $850 a hr. and there were thousands of pages. Then when it came back from these doctors that the doctor that operated was at fault my attorney informed me that I still might have to come up with $40,000.00 for cost of the lawsuit. So due to the doctors neglect I lost a great deal of use of my body and I could lose my house and what I worked for all of my life Just to get some Justas. Well I had to drop the lawsuit because of finances
Justas for all ? BULL
Posted by: Rog Johnson | May 16, 2008 09:01 PM
To Mr Hulburt: Be aware that the plaintiff picks the cases to bring forward not the defendant. Heart disease is difficult to diagnose and may be missed on routine tests such as ECG or stress testing.
Posted by: Jaime Gerber | May 17, 2008 08:43 PM