Gary Albright, a 57-year old man from Chelsea, Alabama, has met the same fate as Anthony Dedrick yesterday and 7 other plaintiffs: they failed to get a single dime from Merck for their heart attacks and strokes caused by Vioxx because they were in poor health. Like others, Mr. Albright, an obese man, suffered from diabetes, high blood pressure, and high cholesterol.

Considering that two out of three Americans are either obese or overweight and suffer from conditions like this, things are clearly looking bright for the company that recalled the deadly drug in 2004 that has killed as many as 60,000 Americans, according to estimates developed by an FDA expert.

According to latest statistics, the company has as many as 27,000 lawsuits pending and another 14,000 victims have entered agreements with the company suspending the time limit. Then there are 265 class action lawsuits. There are also lawsuits pending overseas.

Right now there is an ongoing case of Kent Jarrell while six more cases will be tried during the next six months. If Merck continues its winning spree, it may decide to settle next year but the victims are likely to get a much smaller payment.

Anthony Dedrick loses Vioxx case due to poor health

I had talked previously about the lawsuit filed by a 51-year old Tennesse man, Anthony Wayne Dedrick claiming that Vioxx was the major reason for his heart attack. I am sad to report that, in yet another situation, a plaintiff's unhealthy lifestyle choice has been a factor in his losing his Vioxx lawsuit. Not only did this gentleman smoke and used cocaine, he also suffered from diabetes, high cholesterol, and has a family history of heart disease.

While there is overwhelming evidence to show that Vioxx was a deadly painkiller and could be fatal even if taken occasionally or in small doses, but for those patients who have other medical conditions or are in poor health due to other causes like obesity, it is hard to prove that there is a link between Vioxx and their heart attack or stroke.

According to the United States Food & Drug Administration estimates, as many as 60,000 Americans were killed by Vioxx and the company is facing as many as 24,000 lawsuits. Less than a dozen cases have gone to trial so far and Merck has won seven cases so far, almost all of them on the basis of poor health of the plaintiffs.