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Merck Cleared in Vioxx Case

November 3, 2005

This week, a New Jersey jury concluded that Merck, the makers of Vioxx, provided sufficient warning about possible Vioxx cardiovascular risks and, therefore, did not commit consumer fraud while marketing Vioxx. The result of this high-profile Vioxx case comes as a major victory in Merck's battle over Vioxx. Merck took Vioxx off the market in September 2004, after a self-sponsored clinical trial found increased cardiovascular risks associated with Vioxx.

Much of the New Jersey Vioxx case relied on expert medical testimony. Medical witnesses testified that Merck believed Vioxx was safe before they received the results of their clinical trial. Once this information was available to the drug maker, they took proper steps to pull Vioxx off the market and inform consumers about the serious cardiovascular risks discovered in the trial, according to some experts.

After a seven-week trial and just eight hours of jury deliberation, Merck was cleared of liability in this New Jersey Vioxx case. As a result of these findings, Merck will not be held responsible for the heart attack 60-year-old Mike Humeston suffered while taking Vioxx. This legal decision will have monumental impact on the course of future Vioxx lawsuits. More than 6,000 Vioxx lawsuits have been filed, half of which have been filed in the state of New Jersey. The fate of these cases will be undoubtedly affected by this recent Merck victory.

During the first Vioxx trial, which took place in Texas earlier this year, the jury found that Vioxx did contribute to the death of one man and that Merck was responsible. Merck was ordered to pay $253 million in damages. This total amount has been drastically reduced due to the state's limitations (caps) on punitive damages. Merck is currently appealing this Texas Vioxx decision.

For more information on the risk of heart attacks and strokes, please contact us to confer with a Vioxx Recall Lawyer and learn your legal rights and options.

 

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