Merck Vioxx win stands

An intermediate appellate court has denied an en banc hearing and replaced its opinion undoing a $26 million Angleton jury verdict against Merck in a Vioxx case. The widow of a 59-year-old triathelete still takes nothing.

In May 2008 the 14th Texas Court of Appeals ruled that Bob Ernst's widow, Carol Ernst, lost her verdict because the court found that in the month of testimony there was insufficient evidence to show the painkiller caused Bob Ernst's heart problem and death.

The 2005 trial was the first Vioxx trial in the nation. Since then some other juries have made big awards and other appellate courts have taken them away.

The Angleton jury awarded Carol Ernst $253 million, but because of damage caps in Texas law, the trial court reduced the award to $26.1 million. Her lawyer Mark Lanier has said he will appeal this case all the way to the U.S. Supreme Court, if necessary.

Merck issued this statement this morning:

The Fourteenth Court of Appeals in Texas correctly reaffirmed its decision to reverse the judgment for Ernst and render judgment instead for Merck. The plaintiff did not prove specific causation required by Texas law because there is no reliable scientific evidence that shows VIOXX caused Mr. Ernst's death.

The opinion is posted here.

Vioxx was withdrawn from the U.S. market in 2004 after studies showed the medication was responsible for increasing the rate of heart attacks among patients.

Posted by Mary Flood at June 4, 2009 12:25 PM