Vioxx Verdict, Merck Texas Verdict
Merck recalled Vioxx last year because of reports that the drug had detrimental side effects on the heart and cardiovascular system. The drug's generic name is rofecoxib and it is part of a group of drugs known as COX-2 inhibitors. Vioxx and other COX-2 drugs are used to relieve pain associated with arthritis and other chronic inflammation.
On August 19, 2005 a Texas jury returned a verdict of over $250 million dollars for a man who died of a heart attack after taking Vioxx for only 8 months. This was seen as one of the weaker cases against Merck because the cause of death was reported as heart arrhythmia, and Vioxx has not been shown to cause heart arrhythmias. However, it took the jury less than eleven hours to return the enormous verdict, $229 million of which was for punitive damages. The size of punitive damages for the verdict appeared to be due to testimony during trial claiming that Merck acted irresponsibly in aggressively marketing Vioxx, even though data suggested there are heart attack and cardiovascular side effects associated with use of the drug.
Autopsy Did Not State "Blood Clots" As Cause of Death
The case involved an apparently healthy Texas man who worked at Wal-Mart. He had taken Vioxx for 8 months and died suddenly in 2001. The autopsy report indicated that the man had died of heart arrhythmia, which is a sudden irregularity in the heart beat. The coroner testified at trial that even though she had listed the cause of death as heart arrhythmia, it is possible that the man died of a blood clot induced by Vioxx. She indicated that in 2001, when the man died, she was unaware that Vioxx could cause blood clots and therefore she did look for blood clots during the examination. The Merck clinical trials have shown that Vioxx doubled the risk of strokes and blood clots.
Verdict May Be Appealed
The attorney for the family of the Vioxx victim was Mark Lanier, a well known trial lawyer from Texas and a part-time minister. Merck was represented by an army of lawyers, including Jonathan Skidmore. After the trial, Mr. Skidmore indicated that the case did not warrant punitive damages because Merck had acted responsibly in researching and marketing Vioxx. It is likely that Merck will appeal the case to a higher court. Also, it is likely that the punitive damages will be lowered because Texas law caps punitive damages at twice the amount of economic damages, which would place the punitive portion of the verdict at about $26 million.
Other COX-2 Drugs
Since the recall of Vioxx, the whole class of COX-2 drugs have come under heavy scrutiny, including Celebrex (celecoxib), Bextra (valdecoxib), Arcoxia (eterocoxib) and Presige (lumiracoxib). These drugs all have a similar mechanism of action in relieving pain; specifically, they block or inhibit the production of the COX-2 enzyme. Research suggests that this blocking of the COX-2 enzyme has detrimental side effects on the heart and cardiovascular system.
If you or a loved one has taken Vioxx and has suffered a heart attack, stroke or another significant cardiovascular event, you may be able to receive compensation. Please contact us to learn more about Vioxx claims and Vioxx lawsuits.