Update on Vioxx reward - over a quarter billion dollars

Since the publication of our earlier report about the report that Merck had lost the first ever Vioxx trial, we now have more updated information available. The actual amount is $253.5 million dollars. It is important to understand though that Merck has already declared that it wants to appeal the verdict. Legal experts do not think that Merck has any chance in this case though it is likely that the reward may be reduced somewhat. The most interesting part of this trial is that Mark Lanier, the attorney for Carol Ernst, relied solely on Merck internal documents to prove that Merck was ruthless in marketing Vioxx and put profits over life of American people.

So what does it mean now?

Other Vioxx victims now have a much higher chance of presenting their case since they do not have to prove that Merck is guilty - the evidence for that is already available now. All they need to show is that they were actually hurt by Vioxx. According to FDA estimates as many as 140,000 Americans have been injured by Vioxx. "This just tells me -- and should tell everybody -- that a jury of 12 people didn't buy anything Merck had to say," Don Strong tells Melissa Davis of TheStreet. His firm is handling more than 2,000 Vioxx cases. Many lawyers believe that by refusing to settle the cases out of court and trying to fight each case individually despite the overwhelming evidence against the firm, Merck is essentially preparing for bankruptcy but can use the legal process to delay its eventual end.

Edward Ricci, another attorney, compares Vioxx to Pinto. In other words, no matter how much noise Merck lawyers make, it is bound to lose all the cases one by one.

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