Tuesday, November 14, 2006

CATCHING UP...

Haven't posted in quite some time because I was preparing for a rather unusual property damage trial scheduled to start in a couple of weeks. Thankfully it appears the case has settled. I have, however, been keeping my eye on developments in the legal community....

ANOTHER VIOXX VERDICT Vioxx took a BIG whack from a federal jury down in New Orleans back in September. After a month of trial, the jury took just 5 hours to determine that Vioxx maker Merck had knowingly misrepresented or failed to disclose a material fact to doctors who were treating Gerald Barnett, a former FBI agent. [The online article I saw didn't disclose the exact misrepresentation]. Barnett had been taking Vioxx for nearly three years prior to a 2002 heart attack. After his coronary, Barnett underwent a 5 way heart bypass. He continued taking the drug for two years after surgery, until it was pulled from the market. The jury found that Merck's misrepresentation was a legal cause of injury to Barnett. The jury awarded Barnett $50 million[that is not a misprint]in compensatory damages and $1 million in punitive damages. Merck, not suprisingly, is unhappy with the result and has vowed to appeal, claiming that Barnett was predisposed to heart problems, regardless of his decision to take the drug. So, as of late September, Merck has one win and one loss in federal jury trials involving Vioxx.

No comments: