Retrial in Gerald Barnett case

After a $51 million verdict by the jury in the Gerald Barnett case, Judge Eldon Fallon has ordered a new trial after accepting the argument by Merck that the compensation was too high. Mr. Barnett was a retired FBI agent, and while the Judge has agreed with the finding of the jury that Merck is liable for taking as many as 10 years of his life, he would not have made that kind of money.

In other words, Merck is still guilty, but the new trial will merely focus on what is a more reasonable compensation for Gerald Barnett. It may be a small victory for the company, but Merck is still facing many legal challenges.