Vioxx Wins Again
Merck has reason to celebrate this weekend.
A state appeals court in Texas overturned a $26 million jury verdict against the company in a lawsuit brought by Carol Ernst, whose husband, Robert, died in 2001 after taking Vioxx. In reversing the verdict, the appeals court found that plaintiffs had not proved that Vioxx caused Mr. Ernst’s death.
In addition, an appeals court in New Jersey reduced a verdict in another Vioxx case. The court ruled that the jury should not have been allowed to award punitive damages against Merck or to find that Merck had committed consumer fraud. Only compensatory damages of $4.5 million were permitted, the court said.
There have been 20 Vioxx cases that have been tried, and thus far, only three have been won by plaintiffs.
Some interesting comments from people involved in the Texas and New Jersey trials can be found on Ashby Jones’ Wall Street Journal blog.
Of course, this raises the question, did Vioxx settle too soon with earlier cases? And should patients be allowed to sue drug-makers in the first place?
An interesting side note… when you Google “Vioxx,” the following things come up:
- “Need a Vioxx Attorney?”
- “Vioxx Lawsuit Cash Now”
- “Didn’t Get Enough from Your Vioxx Lawsuit?
If it wasn’t so utterly tragic and murderous, one would almost have to just stare in wonder of the great planning Merck has done…don’t think for a minute that all – decisions to let people die, only pull the drug when the last potential incremental profit was made, using the major mi/strokes to also cover up other problems (the “veil of cover”), use the “engine” of the MASS TORT “reform” craziness to drive towards a completely unfair and weird private agreement, the clogging of the courts by moving cases from the states to the Federal under the MDL “right” Merck won (and misused) to clog the dockets, use that docket clogging for scare purposes, dilution and stealing of civil rights, and so, so much more – I have to stop or this gets too long. But I have much written on what Merck’s strategy might be – 9 months BEFORE the private “deal” – or is the word “deal supposed” to be “settlement”; and the similarity is alarming. To advance my own case, I studied Merck’s moves, analyzed their cost/beenfis, and much more…it wasn’t too difficult to understand their comprehensive strategy; it was however, much to be puzzled over as way too many just “rolled over”, and did not exemplify the repudiation that they may have.
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It is ALARMING, actually that is just so, so understated…it is miniscule in the larger scheme of what is happening – and we must hope that some smart, tough, no-nonsene legal minds, scholars, constitutional experts who WANT to protect the public’s rights, will yet converge – and guess what? – it ain’t over! – at least Canada has a bit more smarts..
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The absolute sadness is the thousands and thousands of Vioxx victims, and that is what they are, who not only have had to endure Merck’s (alleged) neglect, deceit and fraud and suffer heart attacks; but now are going through the ups and downs of getting shafted again!
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Hey MASS TORT REFORM – you are still “full of yourselves and your cockiness is just so nutty; I really don’t think you will have your way on tghis when the dust settles…butg in the meantime, I guess you shall maintain your smugness and scorn of the Vioxx victims while you have coffee with the attorneys who deserted their clients legal rights in droves…go ahead, have your fun for now; it is more than apparent that mean spirit is in your heart and minds…
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Dennis Harrison
MBA – BGS
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vIOXX victims – we know you shall gain no comfort with the arrogant anti civil right violation HAWKS, also apparently most of your attorneys, and certainly not Merck… but there is a group of individuals in a similar situation and KNOW what you are going