Vioxx trial

This was a big week for Merck and the most publicized vioxx trial to date. On November 3 2005 a New Jersey jury decided that Merck & Co had provided enough information and warnings regarding the risks and side effects of using vioxx. This vioxx trial is based on the question, "Did Merck & Co commit consumer fraud while marketing the popular vioxx medication?"

The public has seen a surge of publicity in the vioxx trials since Merck recalled the drug back in September of 2004. Even though the FDA had approved vioxx, it is to Merck's credit that they did pull the drug of their own accord before any of these trials came to light. Merk has also declared in each vioxx trial that they have not only taken the proper steps of pulling the drug from the shelves but in also informing consumers of their case study results and the risks that were found.

This most recent vioxx trial required only eight hours for the jury to decide that Merck had no associated liability in regards to consumer fraud. Merck has also been cleared of responsibility in the death of a 60 year old man by heart attack. The fact that vioxx has been declared not to have been directly responsible for his heart attack will set a favorable precedent for Merck in any future vioxx trial. This is huge for Merck & Co as there are over 6500 vioxx cases waiting in the wings. This many cases, with guilty verdicts, could cost Merck an incredible amount of money.

To date Merck is running a 1 to 1 average. Things were looking very bad for Merck during the first vioxx trial when the drug was found to be a direct contributor in the death of another man. What is the cost of a guilty verdict in a vioxx trial for Merck? This particular case awarded the victim 253 million dollars. 6500 cases at $253 million a piece is a very good reason for Merck to make a strong case on their behalf.