SPECIFIC PRODUCTS
VIOXX CLAIMS
VIOXX TRIAL
In the USA alone almost 5,000 lawsuits have been issued across the country so far and in the first Vioxx trial in August 2005 a Texas jury found the drug manufacturers Merck liable for the death of man and awarded his widow $253.5 million. Mr. Robert Ernest's widow Carol was awarded $24.5 million for mental anguish and loss of companionship and a further $229 million in punitive damages which are only awarded when a jury feels the a defendant has acted wholly unreasonably or with little regard for their customers safety. A seven-man, five-woman jury deliberated for 10 hours over two days before returning the verdict which rejected Merck's argument that the victim died of clogged arteries rather than a drug-induced heart attack that led to his fatal arrhythmia. Merck has indicated that it intends to appeal the verdict and will almost certainly succeed in reducing the amount of the award if not the liability verdict. The drug has been taken by more than 20m people worldwide, including some 400,000 patients in the UK and although the company has set aside $675 million to fight any litigation there have been reasonable estimates that the group could face legal claims of up to $18 billion.
Merck and Co. commented on the Vioxx trial as follows :-
-
"Friday's verdict in Texas was a disappointment to all of us at Merck because we know we acted responsibly. The case presented to the jury by the plaintiff was fundamentally flawed. The jury was allowed to hear testimony that was not based on reliable science and that was irrelevant."
Allegations were made that Merck knew about the risks of this drug even before it was licensed for use and that they ignored 30 reports and studies all of which showed that the drug was not safe or was associated with unacceptable risk of injury to those using it. Allegations were made in The Lancet that Merck should have withdrawn the drug four years earlier in the year 2,000 had they acted responsibly. The Wall Street Journal has assessed the number of injured victims at over 37,000 and has produced internal memos and letters obtained under freedom of information legislation indicating that there existed a detailed knowledge within the company of the risks involved with continued usage.
Merck spokesman Kent Jarrell indicated shortly after the Texas Vioxx trial that the company could decide to fight some cases but will consider settling a limited number of lawsuits in which patients took the drug for 18 months or more with limited heart risk factors.
We are an independent on-line network of specialist personal injury solicitors offering free legal advice on defective pharmaceutical products. All of our solicitors use the no win no fee scheme and do not ask for any financial contribution from you as the case proceeds. Our claims are completely risk free. For free advice from a specialist law firm just complete the contact form and a member of The Law Society panel of personal injury experts will telephone you with no obligation.
24/7 HELPLINE 0845 177 0700