Texas Judge Upholds Vioxx Decision, Reduces Award

By Nathan Abbott

Published on December 29, 2006

In a decision that could leave a considerable mark on future Vioxx litigation, Judge Alex Gabert upheld a previous decision that found the arthritis medication’s manufacturer, Merck & Co., to be the liable for Leonel Garza’s heart attack, despite only short-term usage of the drug and a history of heart problems in Garza’s past. This seems to suggest that the courts accept the premise that even short-term use of Vioxx may have led to severe side effects.

In the original ruling, the jury awarded the family of the deceased $32 million in damages; $7 million in compensatory damages and another $25 million in punitive. However, a 2003 state law set strict restrictions on damages in such trials, and Judge Gabert cited the law in his decision.

Merck plans to appeal for a retrial, however, as a financial relationship between she and one of the jurors in the original trial has called the legitimacy of the verdict into question. Attorneys for Mrs. Garza said that the retrial motion was pretty standard, and were pleased with the judge’s decision.

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