Merck Is Found Liable for Man's Death in Vioxx Trial

After Merck & Co. was assessed a $253+ million verdict in the first Vioxx trial in August 2005, financial analysts began adjusting their estimates on the size of future jury awards or settlements.  Prior to the trials, the payout by Merck was predicted to be between $100,000 and $300,000 for each lawsuit, for a potential total payout of $2 billion. With the end of the landmark trial, analysts’ estimates have escalated to as high as $50 billion.

The primary reason for the revised estimates is attributed to the loss by Merck and Co. of its first wrongful-death verdict in a Vioxx case. In Carol A. Ernst, et al. v. Merck & Co. Inc., the plaintiff’s claim was not considered especially strong and the drug company thought the case winnable.  However, the Texas jury awarded the family of Robert Ernst $24.4 million in actual damages and $229 million in punitive damages. The final award will not exceed $26.1 million due to Texas caps on punitive damages. 

Analysts anticipate that the loss will continue to spawn significantly more claims against Merck. Before the trial, approximately 4,200 cases were filed against the drugmaker and the current claim estimates now top 5,000. An August 22, 2005, Forbes.com article states that the total liability for Merck could approach $50 billion. 

Merck has consistently declared that they would fight each personal injury lawsuit.  However, on August 26, 2005, Merck officials stated that the company will now consider settling some Vioxx cases, specifically those claims where plaintiffs took the drug for at least 18 months and had few other risk factors for cardiac disease. Analysts say that this swift change in strategy may not help Merck in the long run because there is no guarantee that settling cases will save the company time and money.

The second Vioxx trial is scheduled to begin in AAJntic City on September 12.  Citing pre-trial publicity, Merck had requested a 45-day delay, but that request and others were rejected by a New Jersey judge.  The Superior Court Judge who oversees the nearly 2,500 Vioxx product liability cases that have been filed in that state also rejected Merck motions that included excluding some of the company’s marketing and promotional materials related to Vioxx, as well as information related to the plaintiff’s Vietnam record of valor. 

Merck’s first trial in federal court is slated to begin Nov. 28 in New Orleans..

If you, or a loved one, has taken Vioxx and suffered any side effects, our firm can help protect your rights.  Our in-house legal team consists of a physician-attorney, five registered nurses, 10 attorneys, and more than 30 staff-members. As one of the nation's premier pharmaceutical liability law firms, we represent consumers nationwide who have been victimized by defective pharmaceutical drugs, including Vioxx.

We have the experience to protect your legal rights and to help you obtain the compensation you deserve.  If you or a loved one has suffered serious side effects from the use of Vioxx, please contact us for an immediate case evaluation.

Many law firms that advertise aggressively on the Internet are actually client brokers who refer virtually all clients to lawyers in other firms and other cities who do the actual work of representing the client. Janet, Jenner & Suggs, LLC, is a traditional law firm that actively represents all of our clients. Robert K. Jenner and Kenneth Suggs, leaders of the pharmaceutical department within the firm, will always be accessible to you. Mr. Jenner and Mr. Suggs, nationally recognized advocates on behalf of victims of defective pharmaceutical products, and their highly experienced team, will always be ready to answer your questions.

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» Analysts Predict Merck’s Vioxx Liabilities Could Hit $50 Billion

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