This is the true story of a legal battle (the trial itself took 7 weeks) between a respected corporation (Merck) and a man man consider the best trial lawyer (Mark Lanier) over whether Merck had adequately warned doctors and patients about heart attack risks associated with its Vioxx painkiller. The story begins by relating how Vioxx allegedly injured two individuals and killed a third, how those initially involved sought legal help, and then thousands of similar cases were consolidated from among the almost 20 million that had used it before Merck pulled the drug from the market. (A senior FDA scientist estimated Vioxx caused 88,000 - 140,000 serious cases, with almost half fatal.)
Merck created a $675 million legal fund in 2004, and by the end of 2006 had spent all of that plus an additional $110 million. By the end of 2006 only 13 cases had been tried (first began in 2000), with Merck winning eight, two ending in mistrials, and the plaintiffs winning three. Merck then appealed all the cases it lost, and attempted to consolidate the remaining cases in federal court - easier to defend. Plaintiffs, however, managed to consolidate the majority of cases into a N.J. state court trial. That trial is the focus of the book.
Lead attorney Lanier recognized he had to explain the science involved in simple terms, and that doing so required 25 - 30 such 'mini-lessons.' Lanier had made himself a student of such teaching, and believed only three such concepts/day could be absorbed and retained by jurors. (The federal trials were limited to three weeks - a length Lanier believed was insufficient for the complexity involved and teaching required.) Lanier's exhaustive preparations included surveying the Atlantic City juror pool to develop a 170-item jury questionnaire to help in jury selection, requesting and reviewing some million pages of internal Merck documents, assembling a mock jury that was questioned each day to determine reactions, reviewing past testimony of the major witnesses, and considerable effort devoted to how he would visualize his story using PowerPoint and displays. Author Prakash also relates the gamesmanship underlying legal objections during the trial, and why 'top of the class' lawyers are not necessarily best in the courtroom (written skills dominate class rankings, oral skills in the courtroom).
Ultimately most of the plaintiffs won, and Merck paid out $4.85 billion that was allocated among 50,000 claimants. Typical individual recoveries ranged from $100,000 to $375,000, less about half for legal expenses and fees.
Bottom-Line: Reading "All the Justice Money Can Buy" was inspiring - learning the skills and effort put into the case by Mark Lanier and his associates. The book was also disillusioning - learning how Merck had deliberately put patient safety aside to maximize earnings, and then tried throughout the trial to cover this up.