Power Alley: Additional Thoughts, On The "Mistrial By Consent" In LA -- For Merck's Gardasil Defense...

The sua sponte dismissal of a jury case mid-trial is not that unusual, but the plaintiffs in a vaccine products liability case admitting that the jury had likely been tainted, also suggests. . . the plaintiffs' firm realized they were likely going to lose the case.

And all of it stems from very-public "flip-flops" by one RFK, Jr., at one time a lawyer who recruited plaintiffs in anti-vaccine cases, and his sworn testimony in his confirmation hearings -- where he averred that he no longer thought vaccines were inherently dangerous.

Then, once confirmed by the Senate (by a margin of one, in a voice vote) -- he yesterday said, from his offices as the sitting US Health and Human Services Sec'y., that he would "begin an investigation" into the safety of mandates for childhood vaccines. This, despite pledging to the Senate that "he would not meddle, with vaccine mandates" -- if confirmed.

Even if we are to believe that the plaintiffs' case in chief before the jury made no mention of Mr. Kennedy's anti-vaccine views on the earlier record. . . Merck would have been well within its rights to introduce evidence when it finally got to put on its defense (that hadn't started yet) that one of the plaintiff lawyers due to be paid millions was the very same RFK, Jr.

For his part, RFK -- sensing his nomination was in trouble, last week announced that his adult son, Conor, would hold all interest in his legal fees in all these health care related cases (Conor also holds a law license, so RFK may lawfully "split fees" with him). But even so, Merck could introduce his newly pro-vaccine statements under oath before the Senate to say that the plaintiffs' own lawyer now doesn't think Gardasil is in any way unsafe. This despite having recruited perhaps hundreds of other potential plaintiffs, by making at best dubious claims. Damn.

Finally, between now and when the supposed September retrial begins in LA. . . a federal judge in North Carolina will decide to consolidate dozens of these existing cases in various federal trial courts, into an MDL -- and thus this case may get folded in there. [All of this is before we discuss the strong defenses created by the so-called vaccine shield laws, from which Merck will benefit if this case ever is retried.]

We shall see -- but it is amazing that RFK cared so little about his supposed clients, if nothing else -- that he torpedoed their cases. Charming -- it leads to the suggestion that avarice is all that drives him. Out.

नमस्ते