Split jury verdict on Merck & Co's Vioxx

In a split verdict, a US jury in Atlantic County Superior Court in Atlantic City, New Jersey, rejected a claim by one of two plaintiffs, Thomas Cona, that US drug major Merck & Co's now withdrawn COX-2 inhibitor Vioxx (rofecoxib) contributed to his heart attack.

However, the jury also made a compensatory award of $4.5 million to a second plaintiff, John McDarby. Both men survived their myocardial infarctions. Merck's share price dropped 3% in after-hours trading on April 5, when the verdicts were announced.

The jury found that the company has failed to adequately warn both men about the risk of heart attacks and strokes associated with the use of the drug, but that it did not commit consumer fraud in its marketing efforts.