In the latest verdict arising from the Vioxx litigation, Merck prevailed. A New Orleans jury recently found for Merck after it had been sued by a Kentucky man who accused Merck of failing to warn his doctors about the dangers of Vioxx. Robert Garry Smith, a 56 year old chemical plant worker, began taking the drug in 2002, after the label was changed to reflect a study that had found that use of the drug caused increased risk of cardiovascular problems. Smith had a heart attack the following year.
Smith's case was the first case that involved cardiovascular complications after the label had been changed. Nine other cases involved claims of cardiovascular damage before the label had been changed. Merck faces two more federal trials in the same courtroom this year. Merck has insisted throughout the litigation that it will vigorously defend each case. There are in excess of 18,000 cases pending. Vioxx was pulled from the market in 2004.
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