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Pharma & Bio Ingredients
Philip Beck, Merck's lead trial lawyer in the case, said Smith had multiple risk factors for a heart attack, including high blood pressure and obesity. He also said Smith's strenuous physical activity on the day of his heart attack -- shoveling snow for almost an hour -- was a well-known trigger for such events.
Lawyers for the plaintiff could not be immediately reached for comment.
"It was significant that the jury took less than three hours to come back with the verdict," Beck said.
Merck, which pulled Vioxx from the market in September of 2004 after a study found the drug doubled the risk of heart attack and stroke in long-term users, is facing more than 14,200 Vioxx product liability lawsuits.
The New Orleans verdict is the 10th so far involving Vioxx litigation, with Merck winning five cases, losing four, and having one favorable verdict thrown out last month by a New Jersey judge who cited new evidence for the decision.
Last month, another New Orleans federal jury found in favor of plaintiff Gerald Barnett, who claimed his long-term use of Vioxx caused his heart attack, but the $51 million damages portion of the verdict was overturned and Merck said it is seeking a new trial on all issues.
Beck said that about half of the cases are being tried in federal courts and half in state court systems, mainly New Jersey, Texas and California.
The next Vioxx trial will begin at the end of October, also in New Orleans federal court, followed by a trial involving two plaintiffs in California, said Merck spokesman Kent Jarrell.
In November, trials are slated to begin in Texas and Alabama, and again in federal court in New Orleans, he said.
