Merck & Co. announced today that a Texas appeals court has overturned the August 2005 verdict of a court jury in Brazoria County and ruled in favor of Merck in the Vioxx product liability case of Ernst vs. Merck.
A New Jersey appellate court also overturned a punitive damage and consumer fraud award in a 2006 verdict of the Vioxx trial involving Thomas Cona and John McDarby.
"We are gratified that the Texas appeals court correctly found that Vioxx did not cause Mr. Ernst's death and reversed the previous decision for the plaintiff in the first VIOXX case to go to trial. In addition, the New Jersey court correctly reversed the awards of punitive damage and consumer fraud. Today's decisions overturn almost $40 million of damages and attorneys fees previously awarded to plaintiffs at trial," said Bruce Kuhlik, executive vice president and general counsel of Merck & Co., Inc. "We intend to seek further review of the portion of the award that remains standing after the New Jersey decision. We continue to believe Merck acted responsibly."
Vioxx was removed from the market in September 2004 after researchers found that the arthritis treatment double the risk of heart attack and stroke in users. Previously, the drug was making Merck approximately $2.5 billion a year.
[Source: PRNewsWire]
Texas appeals court reversed a decision against the company in the first trial involving alleged injuries caused by its withdrawn Vioxx painkiller. The appeals court found Vioxx did not cause the death of Robert Ernst, Merck said. In a separate Vioxx ruling, a New Jersey court reversed awards of punitive damage and consumer fraud against the company, Merck said. Last November, Merck agreed to pay $4.85 billion to settle thousands of Vioxx claims. The drugmaker withdrew Vioxx from the market in 2004 after a study showed it increased the risk of heart attack and stroke.
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