Judge Declares Mistrial in Federal Vioxx Case

By Dave Wilson

Published on December 12, 2005

The judge presiding over the nation's first federal Vioxx court case declared a mistrial on Monday.

Judge Fallon, who is slated to preside over all of the federal Vioxx lawsuits, stated that the jury was not able to reach a decision in a timely fashion. The jury had been in deliberations since December 8th. Federal trials require that the jury reach a unanimous decision, otherwise a hung jury results.

Merck & Co., the manufacturers of Vioxx and defendants in the case, released a statement expressing disappointment with the decision. The pharmaceutical company was considered a favorite in the case, especially since federal courts are considered less receptive to personal injury litigation. A Merck lawyer said that the company would continue to fight every Vioxx lawsuit in court.

The defective drugs lawsuit was brought by the widow of Richard Irvin, a manager with a seafood company in St. Augustine, Florida. Irvin died from a heart attack in 2001, and his wife claims Vioxx was responsible. Merck contends that Irvin's death was caused when ruptured plaque blocked a partially clogged artery. The retrial will most likely be scheduled for early 2006.

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