Merck Still Liable, Judge Overturns Award in Recent Vioxx Case
Judge Eldon Fallon threw out the jury's $50 million dollar compensatory verdict in the recent federal Vioxx case. Finding that no reasonable jury, absent passion or prejudice, could find $50 million in compensatories for the plaintiff. Compensatory damages include items such as past and future medical bills, past and future lost wages, loss of normal life, loss of society. Considering only compensatories, the $50 million seems excessive.
However, this is a clear indication that the jury found Merck's conduct so reprehensible that they awarded an amount in excess of the plaintiff's actual damages. Judge Fallon refused to overturn the jury's finding that Merck negligently failed to adequately warn of Vioxx's risks and knowingly withheld information regarding the drugs risks from the FDA and consumers.
Consistent with federal law, Judge Fallon threw out the punitive verdict of $1 million along with the compensatory award. As the damages portion of the case is retried, I would forcast that the compensatory amount will be considerably less, and the punitive award to be considerably more.
Read more here.
However, this is a clear indication that the jury found Merck's conduct so reprehensible that they awarded an amount in excess of the plaintiff's actual damages. Judge Fallon refused to overturn the jury's finding that Merck negligently failed to adequately warn of Vioxx's risks and knowingly withheld information regarding the drugs risks from the FDA and consumers.
Consistent with federal law, Judge Fallon threw out the punitive verdict of $1 million along with the compensatory award. As the damages portion of the case is retried, I would forcast that the compensatory amount will be considerably less, and the punitive award to be considerably more.
Read more here.