MERCK & CO., INC. v. ERNST

No. 14-06-00835-CV.

296 S.W.3d 81 (2009)

MERCK & CO., INC., Appellant, v. Carol A. ERNST, Individually and as Personal Representative of the Estate of Robert Charles Ernst, Deceased, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing En Banc Overruled November 19, 2009.


Attorney(s) appearing for the Case

Katherine D. Mackillop, Houston, TX, for appellants.

W. Mark Lanier and David W. Holman, Houston, TX, for appellees.

Panel consists of Chief Justice HEDGES and Justices ANDERSON and BROWN.


SUBSTITUTE OPINION

ADELE HEDGES, Chief Justice.

Appellee's motion for rehearing en banc is denied as moot. The opinion of May 29, 2008, is withdrawn and the following is substituted therefor.

Merck & Co., Inc. ("Merck"), appeals from a jury verdict in a personal-injury and wrongful-death suit filed by Carol Ernst in which she alleged that ingestion of Vioxx caused the sudden cardiac death of her husband, Bob Ernst. Merck raises four issues in...

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