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Vioxx Loses First Lawsuit 
 
by Kevin Van Horn September 01, 2005

Vioxx Loses

Vioxx makers, Merck and Company, lost their first lawsuit. Carol Ernst, who sued the company after her husband suffered a fatal heart attack while taking Vioxx, was awarded, 253 million dollars in damages.

Unfortunately, Carol Ernst will unlikely see any more than 26 million dollars because Texas has a cap on how much money can be won in punitive damages.

Cases against Merck and Company Soar

This, you can imagine, has caused a surge in other lawsuits filed against the pharmaceutical company. Within weeks, roughly 1,000 new cases have been filed.

Merck and Company- Appeal?

Most likely, Merck and Company will appeal the decision. They have stated their innocence from the beginning and this case will prove disastrous, not only for Merck but for pharmaceutical companies as a whole.

However, Merck may be more affected by the verdict then they would like to let on. The enormity of their first case winning punitive damages of $253 million dollars cannot go unnoticed, and there are now reports that Merck may settle. Yet there is no official word on this course of action and understandably so; with thousands of new cases springing up, the word that Merck will settle could cause even more new cases, so we will have to wait and see what the future has in store for Vioxx, Merck and Company, and those who have filed lawsuits against them. We won’t have to wait too long; however, the next Vioxx trial is set for September 12th in Atlantic City, New Jersey.

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