Texas Vioxx Verdict of $253 million: Jury Relied on Credible Evidence that Merck Acted Irresponsibly

The recent verdict where a Texas jury awarded the widow of Bob Ernst $253 million is a clear example of how our civil justice system works, allowing ordinary Americans to hold even the largest and wealthiest corporations accountable when they put their bottom line before the health and safety of the public. Ernst, an aerobics teacher, bike rider and marathoner, died in 2001 after taking the prescription drug, Vioxx, for eight months.

In final closing argument, the widow’s attorney, Mark Lanier told the jury to remember the story of David and Goliath and to smite the drug maker Merck, for irresponsibly promoting Vioxx. The jury did just that and awarded the widow $450,000 in economic damages for Bob Ernst’s lost pay, $24 million for mental anguish and loss of companionship and $229 million in punitive damages to punish Merck.

The jury based its punitive damages award on credible evidence. It found that Merck knew of the devastating events of the drug for some time and yet failed to take it off the market. Internal documents reflect that Merck was aware of the problems with Vioxx as early as 1997. In fact, the company’s top scientist stated in March 2000 that a clinical trial of Vioxx confirmed that the drug had heart risks.1 Despite their knowledge of these problems, Merck aggressively marketed the drug, making billions off of the new blockbuster drug. Specifically, the jury based the $229 million award of punitive damages on the amount that Merck officials estimated the company saved by delaying changes to the drug’s warning label, which would have advised the public of the risks of Vioxx. More than 20 million people took Vioxx in the United States before the drug was withdrawn last September after it was linked to an increased risk of heart attacks and strokes.

Despite the fact that the jury intended to punish Merck by awarding the widow $229 million in punitive dollars, Merck will only have to pay a fraction of that award. Based on Texas's tort reform law, non-economic damages are limited to two times the economic damages - and the jury’s verdict is expected to be reduced by 90%. As a result, the jury’s power to punish Merck has been drastically reduced. In light of the fact that Merck, in the last five years, has spent tens of millions of dollars lobbying the U.S. Congress to protect itself, Texas's tort reform law does not work to protect its citizens against high powered companies like Merck.

Those injured may be entitled to recover damages from Merck if their health problems are the result of their use of Vioxx. If you, a friend or a loved one have suffered serious cardiovascular problems, such as heart attacks, strokes, DVTs, pulmonary embolisms or blood clots from their use of Vioxx, please call us at 1-800-752-4297 and speak with attorneys Bob King (ext. 1348) or Kate Westad (ext. 1322) or email them at bob@lommen.com or kate@lommen.com. Lommen Nelson is a member of the Association of Trial Lawyers of America and the International Lawyers Network.