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Judge Upholds Jury's Vioxx Ruling, Lowers Award

December 22 , 2005

A Texas state judge upheld a jury's ruling in favor of a plaintiff in a high profile Vioxx case that went to trial earlier this year but lowered the award from $32 million to $8.7 million in accordance with state law.

In April, Felicia Garza and her sons were awarded the settlement after a Rio Grande City jury found Merck & Co., the maker of the controversial painkiller, responsible for the fatal heart attack suffered by Leonel Garza.

Merck later requested that the judge reverse the jury's decision when the company discovered that Mrs. Garza had lent money to one of the jurors, Jose Manuel Rios. However, Mr. Rios testified in depositions that he did not have any outstanding debts with the plaintiff at the time of the trial.

Merck's failure to conduct appropriate voir dire examination of the jury panel is the only thing they have to complain about. This was not secret information. It's the obligation of Merck to ask questions of the jury panel, said Kathryn Snapka, co-lead counsel for the Garza family.

She added that the family was pleased with the judge's ruling.

Vioxx was pulled from the market in September 2004 amid evidence that linked the drug to a heightened risk of heart attack and stroke. Merck currently faces approximately 27,000 Vioxx lawsuits, 12 of which have already gone to trial. The company has said it plans to litigate each on individually.

Injured by Vioxx? Please click here to learn more about recovering compensation for your losses and suffering through a Vioxx lawsuit.

 

 

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