Merck 5, Plaintiffs 3

Merck has expanded its lead over Plaintiffs in the Vioxx Lawsuit Marathon being run across the country.

The latest victory for Merck came in California as Chris Plaictella has reported in his Mass Tort Update blog.

"Everyone watching the trial, including hopeful plaintiffs lawyers, predicted the loss," Placitella wrote.

The jury evidently agreed.

"We didn't feel that a case was ever made that there is a connection between Vioxx and heart attacks," said jury foreman Charles Sullenger, 59. "In the end it simply boiled down to the burden of proof was not met in our opinion."

Jurors, however, agreed that there were potential risks for users taking Vioxx based on scientific studies.

"Keep the faith," Placitella said. "There will be many 100° days for Merck in the future."