Latest Vioxx plaintiff fails to prove case

A state court judge in Los Angeles, USA, has declared two mistrials after a jury failed to return verdicts in cases filed by two plaintiffs who alleged that Merck & Co's now withdrawn COX-2 drug Vioxx (rofecoxib) contributed to their heart attacks.

"Both plaintiffs failed to prove their case," said Thomas Yoo of Reed Smith, a member of the defense team in Appell versus Merck and Arrigale vs Merck. "The evidence showed Merck acted responsibly in providing information to the medical, scientific and regulatory communities. We are fully prepared to defend these cases if they are tried again," he added.

"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 Frazier, executive vice president and general counsel of Merck, adding: "heart attacks are unfortunately common in the population and caused by many different risk factors."