As reported by the Wall Street Journal: “Merck & Co. was found negligent in the death of a 59-year-old triathlete who used Vioxx, a prescription painkiller used by more than 20 million Americans before it was linked to heart attacks. The jury awarded the man’s widow $24 million in actual damages, plus $229 million in “exemplary,” or punitive damages, for a total of about $253 million.” See “Jury Finds Merck Liable in Vioxx Death“.
On question #1 of the judge’s charge to the court, the jury answered “yes” that there was a “marketing defect” meaning that Merck failed to give adequate warning of the product’s danger, which resulted in the product being “unreasonably dangerous as marketed.”
More next week. Hope you have a great weekend Merck!
