Merck originally took the painkiller Vioxx off the market in 2004 after reports that the drug could cause an increase risk of heart attacks. The company believes that the two plaintiffs’ heart attacks were caused by pre-existing heart disease rather than Vioxx.
“Both plaintiffs failed to prove their case,” said Thomas Yoo of Reed Smith, a member of the defense team for Merck. “The evidence showed Merck acted responsibly in providing information to the medical, scientific and regulatory communities. We are fully prepared to defend these cases if they are tried again.”
In December 2005, a federal judge in New Orleans declared a mistrial in the first federal trial when that jury was unable to reach a verdict. The case was subsequently retried and a new jury found in favor of Merck.
As of September 30, 2006, the claims related to more than 3,000 alleged Vioxx users have been dismissed before being scheduled for trial.
Of the 28 plaintiffs whose claims have been scheduled for trial, judges have found in favor in four of the cases. Merck already has filed an appeal or sought judicial review in each of those cases, and in one of those four, a federal judge overturned the damage award shortly after trial.