Merck Loses Another Vioxx Case, Must Pay $51 Million

Gerald Barnett, 62, a former FBI agent, sued Merck because he claimed its Vioxx painkiller caused him to have a heart attack in 2002. Even though Merck lawyers said Barnett had a history of heart disease and this was why he had a heart attack, a jury has ordered the company to pay Barnett $51 million.


There have been 9 Vioxx trials so far, this is Merck's fourth loss. The company has lost 44% of the trials so far. If it loses 44% of the 16,000 there are still to go, and if juries order multi-million dollar payments for each one, as they have done so far - Merck could be facing an astronomical bill. The company has set aside $1 billion for legal costs and nothing for liabilities.


Merck pulled Vioxx from the market in 2004 after it was shown to raise some patients' risk of strokes and heart attacks.


In this latest case, the Jury calculated Barnett's damages at $50 million. It slapped on $1 million punitive damages. The jury made two decisions: 1. They decided that the drug did cause Barnett's heart attack. 2. They decided that Merck knowingly misrepresented or failed to disclose a material fact about Vioxx to doctors.


Merck's lawyers say they will appeal.


Last November, Frederick Humeston, 60, of New Jersey, took Merck to court, saying Vioxx caused his heart attack. He lost the case. However, a new trial will take place as a result of 'new evidence'.


Merck decision to take this strategy - trying every case separately - may have been a devastating mistake. We will have to wait and see.


What is Vioxx?


Vioxx is a COX-2 selective nonsteroidal anti-inflammatory drug (NSAID). Vioxx is also related to the nonselective NSAIDs , such as ibuprofen and naproxen. Vioxx was a prescription medicine used to relieve signs and symptoms of arthritis, acute pain in adults, and painful menstrual cycles.


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View drug information on Vioxx.