Merck Wins First Midwest Case
Over Former Painkiller Vioxx
By HEATHER WON TESORIERO
March 27, 2007 11:45 a.m.
A Madison County, Ill. jury cleared Merck & Co. of responsibility in the fatal heart attack of a woman who took its Vioxx painkiller.
Frank Schwaller, of Granite City, Ill. sued the drug maker over the death of his wife, Patricia. She had taken Vioxx for 20 months and died in 2003. Mrs. Schwaller had a number of cardiovascular risk factors, including morbid obesity, high cholesterol and high blood pressure. The jury deliberated for about six hours before returning the verdict in favor of the defense.
TRIAL SCORECARD
See a tally of Merck's wins and losses in Vioxx-related lawsuits in this Trial Scorecard.Merck withdrew Vioxx from the market in September 2004 following a study that linked the drug to an increased risk of heart attacks and strokes. The Whitehouse Station, N.J., drug maker now faces some 28,000 lawsuits.
Following the verdict, Merck defense attorney Dan Ball of Bryan Cave LLP said, "What happened was a tragedy but it wasn't related to Vioxx from a scientific or medical standpoint."
Merck prevailed in a venue that's reputed to be plaintiff-friendly. It was ranked fifth on the American Tort Reform Association's 2006 list of venues it believes are toughest for corporate defendants.
The Schwaller case was the first Midwestern Vioxx trial. Since the first trial in the summer of 2005, Merck has won 10 trials and lost five. Two Los Angeles state-court cases resulted in mistrials on Jan. 18. |
