Judge Warns of Vioxx Mistrial

The Judge in the second Vioxx trial threatened a Merck attorney with serious consequences, including a possible mistrial, for violating the Judge's instructions. The attorney for Merck had made some negative comments towards the plaintiff's attorneys in the jurors prescence. This prompted a sharp rebuke from Judge Carol Higbee.


As this article from CNN states:


"Superior Court Judge Carol Higbee, who is overseeing a Vioxx product liability trial in Atlantic City that got under way this week, said that lawyers comments about one another risked prejudicing the jury.

"It is simply playing to the bias of jurors. There is a certain perception that there are too many lawsuits, and that it is causing society some problems," Higbee said angrily. "

The article continues:

"The judge said she had not decided what the consequences would be if lawyers continued to ignore her instructions but said she could declare a mistrial.

"Don't do it; if you do it, you will regret it," she warned the attorneys. "