Today, Judge Fallon in the MDL issued an order granting a new trial to Evelyn Plunkett, the Plaintiff in the case filed on behalf of her deceased’s husband’s estate. Judge Fallon ruled that Barry Rayburn misled jurors by testifying that he was a board-certified cardiologist. Rayburn was Merck’s only expert witness who testified that Vioxx didn’t cause Richard “Dickie” Irvin’s fatal heart attack, had actually let his board certification lapse years ago.Â
“The court finds that Dr. Rayburn’s misrepresentation prevented the plaintiff from fully and fairly presenting her case to the jury.” Â
We will continue to pursue justice on behalf of persons suffering Vioxx heart attacks or Vioxx strokes.
