MERCK TAKES A BIG HIT IN VIOXX TRIAL

On April 6, 2006, a New Jersey jury held Merck & Company responsible for the heart attack and subsequent health problems suffered by Vioxx user John McDarby. McDarby had been a Vioxx user for years, and then suffered a heart attack in his home, as well as a broken hip. McDarby alleged the the heart attack and broken hip started an irreversible decline in his health, ultimately leaving him in a wheelchair, unable to care for himself.

McDarby and his lawyers alleged that Merck, losing market share because of the advent of Celebrex, rushed Vioxx to the market, even though Merck knew the drug caused cardiovascular difficulties. And Vioxx made a lot of money for Merck - $2.5 billion in 2003 alone. But Merck had to pull it from the market in 2004 after clinical studies showed long-term users to be at increased risk for heart attacks and strokes.

The jury awarded McDarby $4.5 million in compensatory damages, finding that the company failed to adequately warn McDarby about the risk factors. In additon, the jury also awarded McDarby $9 million in punitive damages. This is the second Vioxx loss Merck has suffered at the state level. The company has also prevailed in two cases. There are nearly 10,000 additional cases still pending.

The same jury found against plaintiff Thomas Cona who had also sued Merck for a heart attack he suffered. Although the jury found Merck had failed to adequately warn Cona as well, they determined that Vioxx hadn't been a factor in his heart attack and awarded him $450 to cover his out of pocket expenses.