Merck gets mixed verdict in two New Jersey cases

03/05/07 - newratings.com

NEW YORK, March 5 (newratings.com) – A New Jersey jury Friday found that Merck & Co (MRK) had failed to give adequate warnings with respect to health risks associated with its now withdrawn arthritis drug Vioxx in one case, while the jury ruled that the company gave sufficient warning in another case.

In the case of Frederick Humeston, the jury found Merck guilty of not warning the prescribing physician of Vioxx’s risks. The case now moves on to the second phase in order to determine whether it was Vioxx that primarily caused Frederick Humeston's heart attack in September 2001. In the case of the fatal heart attack of Brian Hermans, 44, in September 2002, the jury ruled that Merck had given adequate warnings. The New Jersey-based pharmaceutical giant withdrew the drug in 2004 and is facing 27,000 Vioxx lawsuits. The company has decided to fight each case rather than enter into any broad based agreement.