Rubenstein added that Merck's strategy of asserting it withdrew Vioxx immediately upon learning there was a link between the drug and a higher risk of heart attack and strokes could backfire if plaintiffs' lawyers prove the company understood the side effects much earlier and stifled the news.
That's because if lawyers prove Merck muzzled Vioxx's risks, the company may be forced to pay punitive as well as compensatory damages. The public relations campaign could be viewed as part of that cover up, said Benjamin Zipursky, a professor at Fordham University School of Law.
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