Vioxx lawsuit verdict $47.5 million

Donald Saiontz

By Donald Saiontz
Posted March 13, 2007

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Today a New Jersey jury awarded $47.5 million in a Vioxx lawsuit filed after the popular pain killer caused a heart attack for an Idaho postal worker.  The jury found that Vioxx caused the Plaintiff’s heart attack and that the drug maker acted in a fraudulent manner by misrepresenting the drug’s heart risks.  Nearly 30,000 Vioxx lawsuits are still pending nationwide, and there may more victims who still have additional time to file their claim.

>>RELATED POST: Vioxx statute of limitations

Vioxx has been blamed for causing heart attacks, strokes and premature death in patients who were taking the arthritis drug to manage their chronic pain.  Vioxx lawsuits are being pursued as a result of the drug maker’s failure to properly research their product or warn of the potentially fatal side effects.  Complaints allege that Merck continued to market and sell the drug until September 2004, despite their knowledge of the serious risks.

The Vioxx litigation is still in its early stages, as this case is one of the first 15 to go to trial.  Individual Vioxx cases do have challenges since many of the claims involve patients who had other risk factors for a heart attack or stroke before they took the drug.  However, across the country several of the early jury verdicts returned have been against Merck, holding them responsible for the injuries suffered and awarding millions of dollars in compensation on each case.

In several trials, Merck has also been found in violation of the New Jersey state consumer-protection statute.  In those cases, punitive damages were  awarded as a result of Merck’s conduct which was determined to be “oppressive, outrageous or malicious” by misrepresenting the risks associated with Vioxx.

VIOXX LAWSUITS

Although the statute of limitations for filing a Vioxx lawsuit has expired in many states, the lawyers at Saiontz & Kirk, P.A. are still reviewing potential claims for individuals who have not yet retained an attorney.  Many individuals decided not to hire an attorney after the recall since they questioned whether Merck could be blamed for their heart attack or stroke.   Even though it has been more than two years since the recall, additional time may be available under the statute of limitations to file new Vioxx lawsuits in certain states.  If you, a friend or family member suffered injuries after taking Vioxx, compensation may still be available.  However, for many claims there may only be a few months left to investigate the case and get it filed in court.  To speak with one of our Vioxx lawyers and determine if additional time is still available to pursue your claim, request a free claim evaluation.

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