[Mb-civic] Merck Found Liable in Vioxx Case - Washington Post

[William Swiggard]

<>Merck Found Liable in Vioxx Case
Texas Jury Awards Widow $253 Million

<>By Marc Kaufman, Washington Post Staff Writer
Saturday, August 20, 2005; Page A01<>

After less than 11 hours of deliberation, a Texas jury yesterday found 
Merck & Co. responsible for the death of a 59-year-old triathlete who 
was taking the company's once-popular painkiller, Vioxx.

The jury hearing the first Vioxx case to go to trial awarded the man's 
widow $253.4 million in punitive and compensatory damages -- a sharp 
rebuke to an industry leader that enjoyed an unusually favorable public 
image before the Vioxx debacle began to unfold one year ago.<>
Plaintiff Carol Ernst, center and her attorneys RandyMoore,left, Ben 
Morelli and Mark Lanier react to the jruy's verdict in her favor in her 
case against Vioxx maker Merck Co. Friday, Aug. 19, 2005, in Angleton, 
Texas. (AP Photo/Pat Sullivan)<>Plaintiff Carol Ernst, center and her 
attorneys RandyMoore,left, Ben Morelli and Mark Lanier react to the 
jruy's verdict in her favor in her case against Vioxx maker Merck Co. 
Friday, Aug. 19, 2005, in Angleton, Texas. (AP Photo/Pat Sullivan) (Pat 
Sullivan - AP)

The quick and punishing jury decision portends a difficult road ahead 
for a company that faces more than 7,500 lawsuits from customers who say 
they have been harmed by the painkiller once widely used by arthritis 
patients. The verdict also comes as the industry and the Food and Drug 
Administration that regulates it are struggling to respond to broad 
criticism that they have not put enough emphasis on the safety of 
prescription drugs.
<>Merck and the FDA have defended their actions in evaluating the 
benefits and risks of Vioxx from before it went on the market in 1999 
until it was withdrawn last September. But a 10 to 2 majority of the 
jury of seven men and five women in a small town south of Houston did 
not agree and rejected Merck's argument that Robert Ernst died of 
clogged arteries rather than a Vioxx-induced heart attack that led to a 
fatal heart rhythm irregularity.

"They know truth, and they know justice," said Mark Lanier, an attorney 
for Ernst's widow, Carol. "Anyone who said they are too 'small-town' or 
won't understand -- they are crazy."
<>Attorneys for Merck said the company will appeal and continue to fight 
other pending suits. As a result of yesterday's jury decision, many more 
are expected to be filed.

http://www.washingtonpost.com/wp-dyn/content/article/2005/08/19/AR2005081900256.html?referrer=email 

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