
You've all heard about the massive verdict against Merck. And even though it will be substantially reduced based on Texas law, it makes you think. What motivated these jurors to reward such a huge amount?
The closing argument by prosecutor Mark Lanier, as reported by the Wall Street Journal:
Two days later, facing the jury with his final argument, Mr. Lanier kept to his plan. He advised jurors that 51% confidence in Vioxx as a cause of death was good enough. He sprinkled the speech with biblical references, at one point using the tale of Esther to urge the jurors to do the right thing even if they were fearful. And he hammered home the point that they would be sending a message that would be heard widely. "I can't promise Oprah," he said, but "there are going to be a lot of people who'll want to know how you had the courage to do it."
I predict this verdict will be reduced on appeal. Note my previous predictions:
•Despite the hype, the Arizona Cardinals will still suck this year (7-9 tops).
•Gay marriage will one day be accepted by the public, and those who railed against it will sound like the "pro segregation" crowd does today.















