Vioxx victims suffer a setback with Merck victory

In a major setback to those Vioxx victims who took the painkiller only for a short period of time or rarely, a jury in New Orleans has ruled that the company was not responsible for the death of Richard Irvin in the Plunkett versus Merck case retrial (the case ended in a mistrial earlier in Houston). According to FDA estimates by Dr. David Graham, approximately 60,000 Americans have died from Vioxx.

In a statement, the company's lawyer Philip Beck says, "The jury's decision confirms that there is no medical or scientific evidence showing short-term use of VIOXX increases the risk of heart attack and contributed in any way to the unfortunate death of Richard Irvin." This has been the position of the company all along but the scientific community does not buy this argument yet. Most outside scientists agree that even short-term or rare use of the drug is enough to trigger a fatal heart attack.

This is only the third case in Vioxx litigation. Merck is facing as many as 10,000 cases (latest approximation). The company has refused to settle any cases yet and its second win in a row has emboldened it to say that it will continue to fight each case individually.

"Like all VIOXX cases, this one was about individual causation and that's why we are dealing with these cases one by one as they come to trial," said Kenneth Frazier. "The fact remains that heart attacks are a major cause of death in the United States and have multiple causes. It will be difficult for plaintiffs to prove that VIOXX was the cause of any individual's heart attack."

Related article: Merck fights consolidation of Vioxx cases