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Tide — continued from Page 30


with the litigation to assimilate an enor- mous amount of complicated information relatively quickly and efficiently. • Cast of Characters As with any case involving a complex


product – one developed, sold and stud- ied for more than eight years – the Vioxx litigation encompassed scores of critical figures. While it was not necessary to immediately recall each and every one from memory, the trial package commit- tee thought it necessary to provide salient information about a discrete uni- verse of players, in a format that was readily accessible. The Cast of Characters included titles and descriptions – with information about relevant document production from Merck – for nearly one thousand key figures in the case, includ- ing: Merck employees; authors of


scientific and medical literature; plaintiff and defense experts. • Vioxx Dictionary While drug cases can be remarkably


straightforward, at least when distilled to their essential elements, they require attorneys to become conversant with a number of otherwise foreign subjects; including pharmacology, pharmaceutical regulation and wide-ranging medical topics. The Vioxx Dictionary provided definitions and context for hundreds of terms practitioners would encounter, par- ticularly during case-specific discovery, such as U.S. Food & Drug Administration and Merck acronyms, medical jargon and Merck-specific terms. • Vioxx Timeline The timeline is a self-explanatory


document, and provided a chronological


graphic representation of critical events from the Vioxx life cycle, beginning with the invention of the molecule and early concerns about its safety, through the entire regulatory history, including post- marketing safety developments, up to and beyond the withdrawal of the drug from the market, with citation to exhibits as appropriate. Together with the liability playbook, the timeline offered a thor- ough introduction to the case, in an accessible format. • Science Case Drug cases can be overwhelming for


practitioners because of the enormous amount of scientific evidence which has to be assimilated and explained to the jury. In order to present the case coher- ently, attorneys have to be conversant


See Tide, Page 34


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Lewitt, Hackman, Shapiro, Marshall & Harlan


32 — The Advocate Magazine JANUARY 2012


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