Two major legal setback to Merck in Vioxx litigation

Earlier today Gerald Barnett was awarded as much as $51 million by a jury for the suffering (he had multiple bypass surgeries) he went through after taking Vioxx. Of course, Merck has responded by promising to appeal.

But that is not all. Remember Mike Humeston? He is a decorated Vietnam veteran who lost his case last year. Judge Carol Higbee of the New Jersey state court ruled today that he deserves a new trial considering that fact that Merck has retracted its claims about the safety of Vioxx. Additionally, Merck has admitted that Vioxx can be equally dangerous to short term users.

Since the courts are swamped with cases - and more are expected to be filed before the September 30th deadline approaches - it is likely that the Humeston lawsuit retrial will begin in 2007.