Merck suffers more legal woes in New Jersey Vioxx case

By Carol Kennedy

Published on April 06, 2006

McDarby, 77, was awarded $3 million and his wife, Irma, $1 million. McDarby suffered a heart attack in 2004 after taking Vioxx for four years.

The jury deliberated for fourteen hours and charged Merck with consumer fraud against McDarby and another patient in the case, Thomas Cona, 60, who also suffered a heart attack in 2003. Cona was not awarded compensatory damages. Cona alleged that he had taken the drug for nearly two years; however, he only had three prescriptions for the drug.

Robert Gordon, the attorney for McDarby, stated that the verdict is a victory for 100,000 Americans who have suffered heart attacks as a result of taking the drug.

Vioxx was removed from the market in September 2004 when studies indicated that the drug doubled the risk of heart attack and stroke among people who used it for 18 months or longer.

The former CEO of Merck, Raymond Gilmartin, will testify in the punitive damages trial set for Thursday. The maximum punitive damages allowed by New Jersey law is $22.5 million.

Officials for Merck stated that the company will release an official statement at the conclusion of the trial.

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