Merck loses Vioxx lawsuit by John McDarby

In a devastating blow to Merck's position that the painkiller Vioxx did not kill as many as 60,000 Americans (according to estimates developed by FDA expert Dr. David Graham), a jury in the state of New Jersey has ruled that the heavily marketed (but way too dangerous) painkiller did cause the heart attack of plaintiff John McDarby.

The case is an indicator of how Vioxx litigation is going to play out. Based on only a handful of cases that have gone to trial, it is obvious that if you have If you have taken it for less than that period and you have other health problems, then you must speak to your and doctor for advice. Mike Humeston and Thomas Cona did not win their cases. Howevery, many experts believe that even rare use of the drug can be a killer.

While Carol Ernst, the widow of Robert Ernst, received as much as as $250 million in damages, the amount that Mr. McDarby is likely to receive is approximately $4.5 millions. The decision on punitive damages is awaited but could be as high as five times this amount or roughly $20 million.

How does Merck react to the loss?

With the same "attack the victim" mode that it always has. To the horror of Vioxx users, the company blames them for having a heart attack rather than admitting that it sold a defective product.

This time too the company is attacking the victims with the same ferocity that it has used since the drug was recalled in September of 2004. A spokesman for the company'e legal team is quoted as saying that they will continue to deal with each case individually - a scenario that is highly unlikely but is a strategy by the firm to discourage victims from coming forward.

Vioxx class action lawsuit to go forward

In another setback to the company, a New Jersey appeals court has ruled that the class action lawsuit against Merck should go ahead. This lawsuit has been filed by various health plans that paid for their members' Vioxx prescriptions.

While no accurate estimates are available as to what Merck would finally pay to the users of the painkiller, if this verdict is any indicator, it could be in tens of billions of dollars.

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