Finally. We understand closing arguments in the Vioxx trial in Atlantic City, New Jersey, a gambling den of various sorts, may begin today. Moreover, we also understand the plaintiffs’ attorneys are so pleased with the so-called bifurcated approach taken by state court Judge Carol Higbee that they plan to ask a Philadelphia judge to do the same thing.

What is this bifurcated approach? Higbee divided her trial into two phases. The first addresses whether Merck behaved badly by not providing regulators, doctors and consumers with proper warnings or data. A second phase would decide whether Vioxx caused a plaintiff’s heart attack. The idea is to speed the process and, therefore, stack numerous lawsuits into one proceeding.

Meanwhile, the first Vioxx trial in the Midwest is getting under way this week in Madison County, Illinois, which is considered sympathetic to plaintiffs. (Take a look at the Judicial Hellhole List compiled by the American Tort Reform Association). This will be yet another test for Merck’s legal team and the drugmaker’s steadfast policy to fight every lawsuit like there’s no tomorrow.

[tags]Judge Carol Higbee, Merck, Vioxx[/tags]