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Merck Must Pay $4.5 Million in Vioxx Civil Suit

April 6, 2006

After a two-day jury deliberation in a Vioxx product liability lawsuit filed by two men who claimed long-term use of the drug caused their heart attacks, the jury found Merck & Co. responsible for not adequately warning patients of the dangers of Vioxx.

The jury awarded John McDarby and his wife $4.5 million in compensatory damages. However, the jurors decided Vioxx was not the cause of the second plaintiff Thomas Cona's heart attack.

While Cona did not win his case, the plaintiff's attorneys W. Mark Lanier and Robert Gordon were thrilled with the jury's decision. "This verdict is a victory of 100,000 Americans who had heart attacks from Vioxx," Gordon said. "This is a victory for the tens of thousands of doctors who were lied to by Merck about the dangers of Vioxx."

In a separate verdict, the jury found Merck liable for consumer fraud against doctors and patients by misleading them about the heightened risks of Vioxx. McDarby will receive a $12,000 consumer fraud award and Cona will get $135, which is three times the amount he spent on his drug prescriptions.

A one-day trial is set for Thursday to resolve whether Merck is liable for any punitive damages to the McDarby's. Cona is not eligible for punitive awards.

In 2005, almost 10,000 product liability lawsuits were filed against the drug company and plaintiff attorneys predict the numbers will skyrocket.

Defense attorney Peter Bick who has followed the Vioxx trial closely said, "Merck must dissect the loss and retool its trial strategy for the next round."

Merck pulled Vioxx from the market in 2004 after studies found the drug significantly increased the risk of heart attack and stroke in patients who took Vioxx for longer than 18 months.

More than 20 million Americans were prescribed the painkiller from 1999 to 2004. Heart experts estimate that about 100,000 people may have suffered heart attacks because of Vioxx.

For more information on the Vioxx trial, please contact us to confer with a Vioxx Recall Lawyer and learn your legal rights and options.

 

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