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Jury awards $4.5 mln in Vioxx verdict against Merck

AAJNTIC CITY, New Jersey (Reuters) - Jurors in Merck & Co.'s Vioxx trial awarded $4.5 million on Wednesday to a 77-year-old New Jersey man after finding the painkiller contributed to his heart attack, casting doubts on the strategy Merck will use in thousands of other suits over the drug.

The jury also found that the drug company failed to provide warning of increased cardiovascular risk for plaintiffs John McDarby and Thomas Cona, both of whom blamed Vioxx for their heart attacks. The drug did not contribute to Cona's heart attack, the jury found.

McDarby and his wife were awarded $4.5 million in total, while Cona will receive $45 to cover losses related to Merck's misrepresentation of Vioxx to his doctors.

The 8-person jury also found that Merck, which withdrew the painkiller in the fall of 2004 after it was linked to increased risk of heart attacks in patients who took it for more than 18 months, did not commit fraud in marketing Vioxx to either plaintiff.

The New Jersey state trial was the first involving plaintiffs who used Vioxx for 18 months or more.

"There's no way that (Merck) is going to continue to pursue this strategy of trying every case," Sherwood Small, a fund manager with Boston Private Value, said after the decision.

"It would be foolhardy and very expensive. This (split verdict) doesn't put Merck in a great position," Small said.

In previous trials, Merck was able to argue that there was no evidence of increased heart risk associated with short-term use of the pain medicine. Because Cona, 60, and McDarby were both long-term Vioxx users, this trial has been particularly closely watched for indications of how future cases might play out.

Merck voluntarily pulled the $2.5 billion a year drug from the market in September 2004 after a study showed it doubled the risk of heart attack and stroke among people who used it for at least 18 months.

Since then, the drugmaker has been hit with nearly 10,000 Vioxx-related lawsuits.

© Reuters 2006. All Rights Reserved.


Our in-house legal team consists of a physician, five registered nurses, 13 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. We have the experience to protect your legal rights and to help you obtain the compensation you deserve. If you or a loved one have suffered serious side effects from the use of Vioxx, please contact us for an immediate case evaluation.
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If you have suffered an injury, illness, or pain and suffering because of Vioxx, we can assist you in determining if you are entitled to receive compensation for the harm caused to you. Time is of the essence. Litigation may be the only way to receive the damages to which you may be entitled. Such damages will likely include lost wages, medical bills, and/or financial compensation to heirs (in the case of a wrongful death). Our MedLaw Legal Team of experienced pharmaceutical attorneys, nurse lawyers, on-staff physician, and certified nurse paralegals will review your situation and inform you promptly as to whether we can assist you in making a claim.

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» About Vioxx

» Free Online Case Evaluation

» Vioxx Questions & Answers

» Vioxx Recall Information

» Vioxx shows need for civil justice system

» First Vioxx Trial Verdict and Cases Challenge 18-Month Damage Claim

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

» Vioxx News

» 60 Minutes Investigates Vioxx


 
 
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