Merck & Co ordered to pay $47.5M in Vioxx case

A Jury in Atlantic County, New Jersey, has returned a follow-up verdict awarding $27.5 million in punitive damages to plaintiff Frederick Humeston and his wife Mary against US drug major Merck & Co, in the retrial of a Vioxx (rofecoxib) personal injury case. Earlier on in the day, the same jury ordered the firm to pay the Humestons $20.0 million in compensatory damages, after finding that it had failed to provide information of cardiovascular safety risks associated with the drug.

Last August (Marketletter August 28, 2006), Superior Court Judge Carol Higbee annulled the verdict of an earlier trial, which had been rendered in Merck's favor, on various grounds, including that the firm had failed to report cardiovascular safety data from the VIGOR study. The retrial's finding was significant because it found in Mr Humeston's favor, despite the fact that he had only used Vioxx for two months prior to his heart attack.

In response, Merck said that it would be appealing against the court's decision, on the basis that the structure of the trial, which saw the presentation of evidence in several stages, may have resulted in confusion and bias in the jury.