Merck Wins New Jersey Vioxx Trial

By Dave Wilson

Published on November 03, 2005

In the nation's second Vioxx trial, the jury found for the defendant, Merck & Co., asserting that the pharmaceutical manufacturer did not mislead consumers about the safety of its recalled arthritis drug.

The jurors took just eight hours of deliberation to reach the verdict. According to courtroom observers, Merck appeared to mount a stronger defense in this case, making adjustments after the first defective drugs trial, which was decided in favor of the plaintiff. The previous trial was tried in Angleton, Texas, which many perceive to be more sympathetic to personal injury litigation.

The attorneys for Frederick "Mike" Humeston chose to focus on the science behind Vioxx, rather than concentrating on Merck's marketing methods, as was done in the Texas trial. Despite being a decorated Vietnam War veteran, Humeston may not have struck as sympathetic a figure as the prior plaintiff, a widow whose husband died after taking Vioxx.

Merck's stock price rose after the verdict was announced. With over 6,000 Vioxx lawsuits still pending, the news was a boon for the pharmaceutical giant. Merck has set aside $675 million for Vioxx defense purposes alone. While the news of this verdict may discourage weaker suits, more cases will need to be tried before a consistent pattern emerges.

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