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Merck Loses $250M Painkiller Lawsuit
pine Webmaster of Pineapple
2009/06/10 23:15
508 topics published
[The Epoch Times News]

On August 19, a jury in Texas, USA, ruled that Merck, one of the world's largest pharmaceutical companies, should bear legal responsibility for the death of a man who took the painkiller Vioxx. The jury awarded the deceased's widow more than $253 million in damages. Merck's lawyers stated they would appeal the verdict, potentially triggering a decade-long legal battle.

According to a report by VOA correspondent Flex on August 20 from Houston, the verdict was issued in Angleton, about 70 kilometers south of Houston, Texas. The plaintiff was Carol Ernst, whose husband Robert died of a sudden heart attack in 2001.

Robert Ernst was 59 years old at the time of his death. He worked as a produce manager at Walmart and was a marathon runner. He had been taking Vioxx before his death.

A study showed that Vioxx, which relieves arthritis pain, could increase the risk of heart attacks. Merck subsequently withdrew the drug from the market in September of last year.

**Court Evidence: Merck Acted Knowingly**

The jury found Merck guilty of willful misconduct, with the damages including compensation for the family's loss and punitive fines. Evidence presented in court indicated that Merck executives were aware of the drug's potential to cause heart attacks long before deciding to pull it from the market.

The trial, which began on July 14, was closely watched by lawyers, pharmaceutical industry professionals, and Wall Street investors. The massive damages awarded by the jury could have significant implications for Merck and other companies selling drugs linked to health risks or deaths. Merck currently faces 4,200 additional lawsuits related to Vioxx.

**Defense Argument: Lack of Scientific Basis**

However, Merck's attorney, Skidmore, stated that the case was far from over and that the company would appeal to a higher court.

He said, "Part of the appeal will be based on our belief that the expert testimony in this case was inappropriate. Additionally, in Texas, proving a causal link between the drug and death requires a certain level of scientific evidence—something the expert opinions in this case lacked."

The jury's 10-2 verdict was a heavy blow to Merck.

News of the ruling sent Merck's stock plunging by over 8% on Wall Street on August 19. Before its withdrawal, Vioxx had generated $2.5 billion in annual revenue for Merck. Despite ongoing litigation, some pharmaceutical experts believe Vioxx may eventually return to the market in a limited capacity.

An advisory panel for the U.S. Food and Drug Administration concluded that for many patients, Vioxx's benefits might outweigh its risks.

However, with approximately 100,000 deaths potentially linked to Vioxx, legal experts predict it could take a decade or longer for all lawsuits against Merck to be resolved.

Source: http://hk. epochtimes. com/ 5/ 8/ 22/ 6372. htm
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