Merck gets two Vioxx case rulings overturned

Merck also said that a New Jersey appellate division has overturned the punitive damage and consumer fraud awards in the 2006 verdict in a two-plaintiff Vioxx trial involving Thomas Cona and John McDarby.

The Texas Fourteenth Court of Appeals found that Vioxx did not cause the death of Mr Ernst, reversed the jury’s verdict and rendered a judgment in favor of Merck. The jury’s original verdict on August 19, 2005 included $24.45 million in compensatory damages and $229 million in punitive damages for a total of $253.42 million against Merck. On June 23, 2006, based on relevant Texas law which limits the amount of punitive damages, the punitive damage verdict of $229 million was reduced to $1.65 million.

In the Cona and McDarby cases, the New Jersey Appellate Division, an intermediate appellate court, overturned the punitive damage award as well as the consumer fraud award, and let stand the compensatory damages for personal injury to Mr McDarby. In reversing the consumer fraud verdict, the court also rejected the attorneys fees granted to the plaintiffs’ attorneys. As a result, the court overturned more than $13 million in damages and attorneys fees.

In the trial, which resulted in a partial victory for Merck, the company presented evidence that both of the heart attacks were caused, not by Vioxx, but by the pre-existing medical conditions of the two men. While the jury found that Vioxx did not cause Mr Cona’s heart attack, it found in favor of Mr McDarby, awarding him both compensatory and punitive damages. The jury awarded both men the out of pocket costs associated with their purchases of Vioxx under the consumer fraud statute.

Merck said that of the 18 plaintiffs whose cases went to trial, only three have outstanding product liability judgments against the company.