Several Vioxx cases retrials likely

The news that the Gerald Barnett case will have a retrial, has not been greeted with disappointment by the plaintiff attorney. On the other hand, Mark P. Robinson, Jr., lead plaintiff lawyer in the case says that the federal judge's ruling on compensatory damages, in fact, supports the jury's finding of liability and is a "positive development" for his client and others suing Merck.

"This is a significantly positive decision for all of those whose lives have been damaged or destroyed by Vioxx," said Robinson. "The judge ruled that the jury's findings -- that Merck negligently failed to warn and committed deceit-by-concealment with Vioxx -- were reasonable findings. Though the court ruled that the compensatory damages were excessive, the judge also said he was not troubled by the punitive damages award. Further, he is going to allow one jury to try both the compensatory and the punitive damages award again in a single trial. All of this taken together is a very positive development for those who are victims of Vioxx."

Will the Leonel Garza case retried too?

Merck's attempts to delay any payment of compensation to victims got another boost when it came to light that a juror, Jose Manuel Rios, may have had a financial relationship with the widow Felicia Garza. While in the small Texas community, this is very common, Merck wants to use this as a basis for retrial.