|
Vioxx Jury in N.J. Orders $9 Mil. in Punitive Damages
A jury in Atlantic City, N.J., yesterday ordered Merck & Co. to pay $9 million in punitive damages to a user of Vioxx, finding the drug maker knowingly withheld data from federal regulators about the painkiller's cardiovascular risks. After a three-day trial on punitive damages, the jurors found clear and convincing evidence that Merck withheld material information about Vioxx from the Food and Drug Administration and that its conduct was deliberately meant to harm. The verdict came a week after the jury awarded $3 million in compensatory damages to John McDarby, 77, of Park Ridge, N.J., and $1.5 million to his wife, Irma, for loss of services. McDarby's lawyer, Robert Gordon of New York's Weitz & Luxemburg, said this is the first punitive damages verdict against a pharmaceutical company under the 1995 New Jersey Product Liability Act, which generally caps punitive damages at five times the amount of compensatory damages. "The jury found that there was more than ordinary negligence and willful, wanton and reckless conduct," said Frank McClellan, a professor of torts at Temple University's Beasley School of Law. But, he added, "Merck should take some comfort in the fact that the $9 million doesn't reflect great anger, given that they could have awarded $22.5 million."
For a copy of the complete article, contact CJRG. |