http://www.kevinmd.com/blog/2005/08/ny-times-feels-that-merck-is-losing.html Tue, 14 Feb 2012 21:09:00 +0000 hourly 1 http://www.kevinmd.com/blog/2005/08/ny-times-feels-that-merck-is-losing.html#comment-54374 Intern in the District Tue, 09 Aug 2005 17:45:00 +0000 http://clients.emmense.com/kevinmd/2005/08/18713.html#comment-54374 Does anyone know why witness prep for experts is so piss-poor? It isn't just this merck case, but so many of the medico-legal cases I read about include vignettes of experts who rattle under cross and are unable to explain evidence they should have prepped for. Does anyone know why witness prep for experts is so piss-poor? It isn’t just this merck case, but so many of the medico-legal cases I read about include vignettes of experts who rattle under cross and are unable to explain evidence they should have prepped for.

]]> http://www.kevinmd.com/blog/2005/08/ny-times-feels-that-merck-is-losing.html#comment-54348 Anonymous Sun, 07 Aug 2005 22:12:00 +0000 http://clients.emmense.com/kevinmd/2005/08/18713.html#comment-54348 Indeed, Merck is in serious trouble. It has the benefit of the best lawyers and trial consultants money can buy: Gerry Lowry from Houston's Fulbright & Jaworski and David Kiernan, a lawyer/surgeon from Washington D.C's Williams & Connolly. The team also includes Dr. Pat Hastings, a trial psychologist from R and D Strategic Solutions. In addition to its advice, R and D is also providing Merck's "shadow jury," which stations locals in the gallery to take notes and be interviewed each evening in an effort to gauge juror reaction. Yet, despite all this top drawer legal power, Merck's defense seems to be flatlining at this point. Merck's witnesses are poorly prepared and/or astonishingly arrogant. If there were any doubt about this, Dr. Alan Nies, Merck's former SVP of Clinical Research erased that in his astonishingly arrogant responses on cross-examination. Could Merck be intentionally putting on a minimal defense in order to use an "outrageous" jury verdict as a platform to garner support for so-called "tort reform" federal legislation limiting recoveries in all similar current and future drug cases? Indeed, Merck is in serious trouble. It has the benefit of the best lawyers and trial consultants money can buy: Gerry Lowry from Houston’s Fulbright & Jaworski and David Kiernan, a lawyer/surgeon from Washington D.C’s Williams & Connolly. The team also includes Dr. Pat Hastings, a trial psychologist from R and D Strategic Solutions. In addition to its advice, R and D is also providing Merck’s “shadow jury,” which stations locals in the gallery to take notes and be interviewed each evening in an effort to gauge juror reaction. Yet, despite all this top drawer legal power, Merck’s defense seems to be flatlining at this point. Merck’s witnesses are poorly prepared and/or astonishingly arrogant. If there were any doubt about this, Dr. Alan Nies, Merck’s former SVP of Clinical Research erased that in his astonishingly arrogant responses on cross-examination. Could Merck be intentionally putting on a minimal defense in order to use an “outrageous” jury verdict as a platform to garner support for so-called “tort reform” federal legislation limiting recoveries in all similar current and future drug cases?

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