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Subscribe To Our Syndicated NewsVioxx Plaintiff Receives $9M
April 11, 2006
Today a state court jury awarded John and Irma McDarby $9 million in punitive damages, to be paid by Merck, the makers of Vioxx. The same New Jersey jury awarded John McDarby an additional $4.5 million in compensatory damages last week after ruling that Merck had failed to adequately warn consumers about the serious cardiovascular risks associated with Vioxx. The jury announced today that Mercks conduct proved a wanton and willful disregard of anothers rights.
A Vioxx attorney for the McDarbys says, This is a victory for all of the John and Irma McDarbys of the world, people who are taking medications every single day, who now have at least a chance of making sure that the companies that are making those medications are going to do the right thing.
A spokesman for Mercks legal team believes this award was not justified under New Jersey law. The pharmaceutical company plans to appeal this decision, focusing on evidence and testimony that the presiding judge barred from the original trial.
Mr. McDarby was not present at the hearing over these Vioxx punitive damages. While he and his wife will not see this money immediately because of the appeals process, Mrs. McDarby says the money will go to providing around-the-clock care to her husband, who has diabetes and is confined to a wheelchair.
Over 9,000 lawsuits have been filed on behalf of those, like Mr. McDarby, who have suffered serious injury due to Vioxx use. Four Vioxx cases have been concluded thus far, two in favor and two against Merck, who vows to try every case one by one. A financial analyst predicts that, with many Vioxx lawsuits still being filed in the state and federal courts, Mercks previously projected costs of litigation could by much greater than anticipated.
When asked what she would say to Merck if given the opportunity, Mrs. McDarby responded, The truth shall set you free.
For more information on the Vioxx recall, please contact us to confer with a Vioxx Recall Lawyer and learn your legal rights and options.
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