Subscribe via RSS- NEWS ARCHIVES
-
2008
2007
2006
2005
2004
Pharma & Bio Ingredients
"All of the Vioxx cases are individual claims involving very different circumstances so we need to consider the facts of each case on an individual basis," said Kenneth C. Frazier, executive vice president and general counsel of Merck. "Heart attacks are unfortunately common in the population and caused by many different risk factors."
In the two-plaintiff trial, Lawrence Appell of Scottsdale, Arizona, alleged he used Vioxx for 18 months before suffering a heart attack, at age 51, on December 23, 2000. He continued to use Vioxx until September 2004. The other plaintiff, Rudolph Arrigale of Westminster, California, alleged he took Vioxx for 4-1/2 months before his heart attack at age 72 on March 18, 2002.
In December 2005, a federal judge in New Orleans declared a mistrial in the first federal trial when that jury was unable to reach a verdict. The case was subsequently retried and a new jury found in favor of Merck.
Merck was represented by Steve Raber and Eva Esber of Williams & Connolly in Washington, D.C.; Ralph A. Campillo of Sedgwick, Detert, Moran & Arnold in Los Angeles, and Thomas Yoo of Reed Smith in Los Angeles.
California Superior Court Judge Victoria Chaney presided.
As of September 30, 2006, the claims related to more than 3,000 alleged Vioxx users have been dismissed before being scheduled for trial. Of those, more than 1,100 were dismissed with prejudice either by plaintiffs themselves or by judges, meaning they cannot be filed again. Another 2,000 were dismissed without prejudice.
Of the 28 plaintiffs whose claims have been scheduled for trial, including the two plaintiffs in this trial, the claims of six were dismissed, the claims of seven were withdrawn from the trial calendar by plaintiffs, juries have decided in Merck's favor nine times and in plaintiffs' favor four times, and there have been three mistrials (one of which has since been retried to a verdict). A state judge set aside one of the nine Merck verdicts.
As for the four plaintiffs' verdicts, Merck already has filed an appeal or sought judicial review in each of those cases, and in one of those four, a federal judge overturned the damage award shortly after trial.
