Merck wins Gary Smith case

Gary Smith of Florence, Kentucky, who claimed that he did not know the dangers of Vioxx lost his case against Merck in which he held the company accountable for his heart attack. The company was successfully able to show a jury of six men and two women that his other health factors like high blood pressure and coronary artery disease (plus, intense physical labor on the day of the heart attack) were the main reasons.

While there is no doubt that Vioxx does cause heart attacks and strokes, it is not easy to make that case for each individual if there can be other contributing factors like obesity or diabetes or high blood pressure. It does make it difficult for thousands of Vioxx victims to demand compensation from the company that was forced to recall the drug after tens of thousands of deaths worldwide.

With this victory, Merck has won five lawsuits while it has lost four. As the statute of limitations ends, Merck is likely to face close to 20,000 lawsuits in the coming months unless there is a settlement before that.