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Jury Hits Merck with $9M in Punitives
On April 11, a jury in Atlantic City, NJ, ordered Merck & Co. to pay $9 million in punitive damages to a user of Vioxx, finding the drug maker knowingly withheld data from federal regulators about the painkiller's cardiovascular risks. Merck withdrew Vioxx from the market in 2004 when a study showed it doubled heart attack risk after 18 months of use. The Atlantic City trial was the first involving plaintiffs who had used Vioxx longer than that period of time.
After a 3-day trial on punitive damages, the jurors found clear and convincing evidence that Merck withheld material information about Vioxx from the Food and Drug Administration and that its conduct was deliberately meant to harm. The verdict came a week after the jury awarded $3 million in compensatory damages to John McDarby, 77, of Park Ridge, NJ, and $1.5 million to his wife, Irma, for loss of services.
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