Pathologist says clogged arteries killed man in Vioxx case

Associated Press Aug. 8, 2005, 2:26PM

ANGLETON — The head pathologist at Baylor College of Medicine told jurors today in the nation's first Vioxx-related civil trial that clogged arteries led to a Texas man's death of an irregular heartbeat. Dr. Thomas Wheeler's testimony as part of Vioxx maker Merck & Co.'s defense countered that of the pathologist who performed the autopsy, who said a heart attack more than likely caused Robert Ernst's death from arrhythmia, secondary to clogged arteries.

"Do we know in this case what caused the fatal arrhythmia?" Merck lawyer Gerry Lowry asked.

"Yes, the severe atherosclerosis," Wheeler replied, using the medical term for blocked arteries.

The cause of Ernst's death lies at the center of the case. The plaintiff, Robert Ernst's wife, Carol, claims that his fatal arrhythmia was caused by a Vioxx-induced heart attack. Dr. Maria Araneta, who performed the autopsy, testified last week that the arrhythmia was likely triggered by a blood clot that caused a heart attack, but Ernst died too quickly for his heart to show damage.

But neither her autopsy report nor Ernst's death certificate mention a heart attack or blood clot. Merck had relied heavily on those documents to corroborate its contention that no heart attack was involved.

Merck pulled Vioxx from the market in September when a study showed the once-popular painkiller doubled risk of heart attack or stroke if taken for 18 months or longer. Carol Ernst contends Merck knew years ago that Vioxx could be dangerous but minimized those concerns for profit.

Merck contends the company acted responsibly and disclosed research. Merck also claims no studies link Vioxx to arrhythmia, so the drug couldn't have caused Ernst's death.

In opening statements nearly a month ago, Merck lawyer David Kiernan praised Araneta's unbiased view, saying, "No one can argue that she was tainted by the influence of one side or the other." However, that was before she testified, and Merck lost efforts to block her appearance.

The case is the first of more than 4,200 Vioxx-related state and federal lawsuits pending against Merck to go before a jury. Two other state cases in South Texas and New Jersey are slated for trial next month, and the first federal case will go to trial in New Orleans in late November. Merck has vowed to fight them all.