NJ Vioxx trial at the mid way point.

The analysis of the NJ Vioxx trial, with Attorney Chris Seeger representing the plaintiff Frederick Humeston is probably close to it's mid-point, and despite compelling testimony and evidence, and a generally solid job by Attorney Seeger, it's very hard to call which way this one is going to go.

After a rocky start due to combative tactics by the Merck defense team that drew admonishment from the presiding judge, the case has settled into a counter punching tactical battle, with Merck clearly having shaken up it's approach after the devastating blow they took early this summer in the Houston case which resulted in a verdict of over $250 million.

Our observers tell us that Merck see's this as their only chance to turn the tide, and are pulling out all the stops, realizing the press coverage and public perception of another crushing loss would utterly imperil their strategy of fighting every case one at a time, while they desperately marshal resources and hope that the New Orleans federal cases will provide them a more favorable venue, and a lower over all settlement cost on the ultimate resolution of the Vioxx litigation.

We will be watching next week's testimony and action very closely, with observers in the court room, so be sure to check back on the status of this important case.