ANGLETON, Texas -- A jury has found pharmaceutical giant Merck liable for the death of a Texas man who took the painkiller Vioxx.
Robert Ernst in his sleep in 2001 at age 59 after taking Vioxx for eight months. Jurors awarded Ernst's widow, Carol, $253.4 million in damages, which is a combination of his lost pay as a Wal-Mart produce manager, mental anguish, loss of companionship and punitive damages.
Jurors rejected Merck's argument that Ernst died of clogged arteries rather than a Vioxx-induced heart attack that led to his fatal arrhythmia. Merck has said there's no link between Vioxx and arrhythmia.
Merck said it plans to appeal, and the company has vowed to fight the more than 4,200 state and federal Vioxx-related lawsuits pending across the country. The case has drawn national attention from pharmaceutical companies, lawyers, consumers and stock analysts as a test of how Merck will fare in other cases.
When the decision was announced, Carol Ernst wept as her attorneys leaped and shouted, "Amen!"
The decision came during the second day of deliberations in the case. The panel of seven men and five women deliberated for seven hours Thursday.
About an hour after they began those deliberations, the panel requested copies of several documents admitted into evidence during the trial. Lawyers delivered those and hundreds more that had been presented since the trial began with opening statements July 14.
Before deliberations began, the judge warned jurors not to allow "bias, prejudice or sympathy" to play a part in their discussions. A civil verdict can be reached if 10 of the 12 jurors agree.
I am glad to see the little guy win one. While I think the award was excessive for single case I am also perplexed that Merck has enough cash reserves to fight 4200 lawsuits.
If even just a small percentage of those cases made it to court I can only imagine the cost of defense per case. Gee, I wonder where the company got those kind of reserves. It certainly would not be from over charging the everyday Joe for basic life needing medications, no not them.
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