On August 19, 2005 a Texas jury ruled that Merck, the manufacturer of the one-popular painkiller Vioxx, is liable for the wrongful death of a man who had taken Vioxx and suffered a deadly heart attack in 2001. This is the first lawsuit that has been settled regarding serious cardiovascular side effects caused by Vioxx. Vioxx is a COX-2 non-steroidal anti-inflammatory drug (NSAID) that was pulled off the market in September 2004 after clinical studies indicated that patients taking this drug for longer than 18 months were twice as likely to experience a heart attack or stoke as people in the general population.
The plaintiff Carol Ernst, widow of a healthy 59-year-old marathon runner, sought damages in a civil case filed with the Texas Superior Court. Through this lawsuit, the plaintiff sought damages based on the premise that Merck knew about the serious cardiovascular risks associated with Vioxx but continued to market this defective drug while downplaying these risks.
In a ten-to-two decision, the Texas jury in this precedent-setting case was awarded $24 million for damages related to mental anguish and the loss of consortium suffered by the surviving spouse as well as $229 million in punitive damages. The attorney who represented the plaintiff stated that this money was, the money Merck made by putting off the necessary changes to Vioxx labeling, which would have informed consumers about the serious risks associated with this medication.
The jury award totaled more than $250 million in favor of the plaintiff. The attorney representing the plaintiff claimed that he had expected a fraction of this award from this devastating wrongful death case.
After the verdict was delivered, Merck stated its plans to appeal this verdict, stating that the company does not believe that the plaintiff’s death met the Texas legal standard which would prove that Merck was responsible for this man’s untimely death. The pharmaceutical giant has pledged to continue fighting these civil cases and has vowed not to settle. One financial analyst for the company estimates the cost of Vioxx litigation to range between $8 and $25 billion.
Before Merck’s Vioxx was pulled from the market, its annual sales totaled more than $2.5 billion a year. This was cited in the recent Texas Supreme Court lawsuit as a major motivating factor for the drug company to conceal reports of adverse side effects associated with Vioxx.
At least 20 million people used Vioxx for the treatment of chronic pain conditions like osteoarthritis, rheumatoid arthritis, and menstrual cramping, before this defective drug was pulled from the market. Since the September 2004 Vioxx recall, approximately 4,200 lawsuits representing over 7,500 plaintiff groups have been filed against the makers of this dangerous medication. If you or a loved one has been injured as a result of Vioxx use, please contact us to speak with a qualified and experienced attorney who can help.
For more information on a Vioxx danger, please contact us.
Vioxx Recall News
August 19, 2005 – Vioxx Lawsuit Settlement
August 16, 2005 -Testimony in first Vioxx lawsuit ends
More Vioxx Resources
MedLine Plus Drug Information – Guide to prescription and over-the-counter medications provided by the United States Pharmacopeia.
Vioxx.com – Official Vioxx Roxecofib site from Merck.
Vioxx Drug Warnings – Vioxx side effects information including lawsuit information and vioxx warnings.
