Vioxx Verdict a Major Blow to Merck

August 22, 2005

The jury in the nation's first Vioxx trial awarded a Texas widow $253.4 million in damages. The seven-man, five-woman jury deliberated for more than ten hours before returning their decision. The verdict comes as a major blow to the pharmaceuticals giant. Experts are predicting that the other 4,300 Vioxx lawsuits still pending may cost Merck more than $50 billion to resolve. Investors are also showing skepticism about Merck's financial outlook as the company's shares dropped in value 8% following the verdict. Merck lawyers immediately stated their intention to appeal the verdict.

Commentators have divergent views as to why the verdict resulted as it did. Some legal analysts have criticized Merck's defense team for a fumbling performance citing that the medical examiner's report attributed the deceased's death to an arrhythmia, a condition that Vioxx was never shown to cause. Others view the verdict as a testament to the plaintiff's attorney's, Mark Lanier's, effective strategy. Lanier convinced the jury that his client's husband died from a heart attack despite the medical examiner's report indicating otherwise. Other spectators credit the venue for the massive damage award, claiming that Texas has a reputation for being particularly plaintiff-friendly. Many feel that the court simply awarded the damages that the Vioxx patient's widow deserved. Mark Lanier agrees. Lanier said that equity and a just jury were responsible for the verdict. Lanier exclaimed after the verdict, "Anyone who said [the members of the jury] were too small town or won't understand, they are crazy. They know truth and they know justice."