Resounding defeat for Merck in Gerald Barnett case

When two Vioxx victims in a row - Stewart Grossberg and Elaine Doherty - lost their lawsuits against Merck, other victims started to wonder if that was part of a trend. Today's news that Merck should pay at least $51 million to another victim - Gerald Barnett - shows that not all cases are alike and if an arthritis patient has been genuinely hurt by the recalled painkiller and has no other major illnesses (a weakness that has been exploited by Merck), they have a very strong chance to prove that their heart attack or stroke was due to heavily marketed painkiller.

In a big victory for millions of people who took Vioxx, a jury has ruled that not only should Merck pay damages to Mr. Barnett (who had several bypass surgeries after taking the drug) but also held it responsible for knowingly marketing a dangerous drug.

And if you were expecting a word of apology from the company, forget it. In a statement released today, the company is blaming the jury and is vowing to appeal. Merck is already buried under thousands of lawsuits and the number is expected to rise as the deadline of September 30, 2006 to file lawsuits nears.