Merck & Co wins in Vioxx case appeal

US drug major Merck & Co has won an appeal of the first case to go to trial with regard to serious side effects allegedly caused by its withdrawn COX-2 inhibitor arthritis painkiller Vioxx (rofecoxib). The company explained that a Texas appeals court overturned the August 2005 verdict of a state court jury in Brazoria County and rendered a judgment in favor of of the firm in the Vioxx product liability case Ernst versus Merck. It was the first such case to go to trial after the voluntary removal of the drug from the market.

Merck also said that a New Jersey appellate division has overturned the punitive damage and consumer fraud awards in the 2006 verdict in a two-plaintiff Vioxx trial involving Thomas Cona and John McDarby.

"We are gratified that the Texas appeals court correctly found that Vioxx did not cause Mr Ernst's death and reversed the previous decision for the plaintiff in the first Vioxx case to go to trial. In addition, the New Jersey court correctly reversed the awards of punitive damage and consumer fraud. [The] decisions overturn almost $40.0 million of damages and attorneys fees previously awarded to plaintiffs at trial," said Bruce Kuhlik, executive vice president and general counsel of Merck, adding: "we intend to seek further review of the portion of the award that remains standing after the New Jersey decision. We continue to believe Merck acted responsibly."