More Merck Miscues

There was some excitement today in the New Jersey Vioxx trial when the Judge and an attorney for Merck got into a shouting match.

As this article notes the Judge ruled to strike the entire testimony of one of Merck's witnesses provoking an angry outburst from one of their attorneys.

The Judge stated:

"Quite frankly, I felt sick yesterday afternoon and last night when I realized how I had gotten sucked into this,'' Higbee told lawyers outside the jury's presence in Atlantic City, New Jersey.

"I feel that I was misled repeatedly yesterday during that testimony. It doesn't even make me angry. It makes me sad.''

The article continues:

The ruling prompted an angry outburst by Merck attorney Diane Sullivan, who repeatedly tried to shout over Higbee as the judge stood to leave the courtroom. Sullivan said she wanted to make a record for an appeals court.

"What's going on here is not fair,'' Sullivan yelled as she waved her arms. Higbee told her seven times to "sit down.''

"Ms. Sullivan, sit down or I will have you taken out of the courtroom,'' Higbee yelled at Sullivan. "Once I rule it's over, then you can make your record to the Appellate Division.''