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At the time , Merck attributed the difference to naproxen 's heart-friendly qualities rather than a defect in Vioxx , garnering a rebuke from the Food and Drug Administration for making that assertion without scientific proof.After two years of wrangling with the FDA , in 2002 Merck added warnings about cardiovascular risks to Vioxx 's label . There had come the night when he had hardly forborne to throw the whole thing into the fire ; and the next morning he had begun the planning of the new Romilly . Controversy emerged when a 2000 study found that some Vioxx users suffered five times as many heart attacks as people who used the older pain reliever naproxen.At the time , Merck attributed the difference to naproxen 's heart-friendly qualities rather than a defect in Vioxx . The 26-year-old , who has pleaded guilty to murdering Lauri Waterman , has said the couple plotted the murder for months before Nov. 14 , 2004 , when he and a friend carried out the crime . Plaintiff attorneys and some doctors have argued Merck knew the risks of Vioxx at least a few years before it took the drug off the market , yet downplayed its dangers and kept aggressively promoting the drug . Merck 's critics tell a different story , saying that Merck knew of Vioxx 's risks years earlier , but downplayed the dangers and kept aggressively promoting the drug.While experts will clash about what Merck knew when , the essence of the trial will be Humeston 's 2001 heart attack . " I would be surprised if Merck would just cave [ and settle cases ] simply based on having to have lawyers run in a lot of different directions , " said Deborah Barnard , a Boston lawyer specializing in product liability cases.But New York attorney Michael London , who is handling more than 100 Vioxx lawsuits but is not on Lanier 's team , said Lanier 's strategy is a good one because it makes things less predictable for Merck.With nearly all the lawsuits so far filed either in New Jersey or federal court and just two judges overseeing those cases now , London said , Merck can expect consistent rulings and know when its cases will be scheduled for trial.Merck can automatically move to federal court any class action cases , although that 's a tiny minority so far , and any cases filed in state courts outside of New Jersey.If the plaintiff in the state court also names a second defendant , such as a doctor or pharmacy , in that plaintiff 's home state , usually the case cannot be moved to federal court .