A Texas jury has granted an award to the widow of a man who allegedly died as a result of taking the now banned drug Vioxx. This is the first of thousands of lawsuits pending against Merck, the company that made the once popular drug.
The jury of seven-men and five-women deliberated for only 10 hours before returning the verdict. Merck said it would file an appeal.
'We believe that we have strong points to raise on appeal and are hopeful that the appeals process will correct the verdict,' said Kenneth C. Frazier, senior vice president and general counsel of Merck, in a statement. 'Our appeal is about fundamental rights to a fair trial.'
Mrs. Ernst, the plaintiff in the case, raised her hands to the ceiling and shouted 'Amen!' after the verdict was read.
The defense had contended that the plaintiff’s husband, Robert Ernst, had his heart attack caused by clogged arteries and not by his use of Vioxx.
Mrs. Ernst's lawyers felt vindicated by the decision. 'Anyone who said they are too small town or won't understand, they are crazy,' said Mrs. Ernst's lawyer, Mark Lanier. 'They know truth and they know justice.'
Presently, there are approximately 4,200 lawsuits pending in state and federal courts throughout the country against Merck because of Vioxx. Total liability could reach as high as $18 billion according to some experts.
The damages were computed based on Robert Ernst's lost pay as a Wal-Mart produce manager, mental anguish, loss of companionship and punitive damages. He was only 59-years-old when he died.
Vioxx was removed from the market by Merck in September 2004 when tests showed it could double the chances of heart attack or stroke if taken for longer than 18 months.
New trials against Merck are due to begin in New Jersey state court in September and in a New Orleans federal court in November.
