Jury Awards $9 Million in Punitive Damages in New Jersey Vioxx Case
The same jury that found Merck failed to properly warn and committed consumer fraud in two Vioxx cases last week, awarded $9 million in punitive damages as punishment for Merck's malfeasance.
In the 'two trials in one' last week, the jury held Merck accountable for failing to timely warn of Vioxx's cardiovascular risks, finding that Vioxx was a substantial cause in one plaintiff's heart attack and awarding him $4.5 million in compensatory damages. The jury did not find that Vioxx caused the second plaintiff's heart attack, and awarded him only $45 for the cost of Vioxx prescriptions.
Under new tort reform laws in New Jersey, punitives are decided during a separate trial. Punitives may be awarded only if the jury finds that Merck intentionally withheld information from the FDA. No drug company has ever had punitives awarded against them since the new tort reform law was enacted.
As the jury found, even under the most stringent standard for proving punitives, Merck willfully withheld crucial information from the FDA, doctors and consumers that may have prevented tens of thousands of heart attacks.
The verdict forms are reprinted below:
Question: Has the plaintiff proved by clear and convincing evidence that Merck knowingly withheld or misrepresented information required to be submitted to the FDA under the FDA regulations which information was material and relevant to the harm in question?
Answer: Yes.
Question: Has the plaintiff proven by clear and convincing evidence that Merck's actions show a wanton and willful disregard of another's rights so as to justify an award of punitive damages?
Answer: Yes.
Question: What amount, if any, of punitive damages should be awarded?
Answer: $9 million.
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