Merck Loses Second Federal Vioxx Trail
In a monumental victory for those injured by Vioxx across the country, a jury awarded Mr. Gerald Barnett $50 million in compensatory damages, and an additional $1 million in punitives damages. Mr. Barnett, a retired FBI agent, suffered a heart attack after 31 months of Vioxx use.
The award is especially significant because of the defense attorney that the plaintiff was up against. Phil Beck, out of Chicago, is considered to be the best in these types of cases. He was an integral figure in the Baycol litigation years ago, saving manufacturer Bayer billions in liability.
However, even the mighty Phil Beck could not overcome the weight of evidence against Merck. The jury found that Merck "knowingly misrepresented or failed to disclose" information about Vioxx to Gerald Barnett's doctors. In awarding punitive damages, the jury found that Merck "acted in wanton, malicious, willful or reckless disregard for the plaintiff's rights."