---

Vioxx jury finds Merck liable (253.4 MILLION dollars)

Vioxx jury finds Merck liable (253.4 MILLION dollars) -- Posted by Dr. Jai Maharaj on 08-19-05 16:12

Vioxx jury finds Merck liable (253.4 MILLION dollars)

The Houston Chronicle
Friday, August 19, 2005

Angleton - The Brazoria County jury in the nation's first
Vioxx-related civil trial has found pharmaceutical giant
Merck & Co. liable for the death of a man who took the
painkiller.

Jurors awarded Robert Ernst's widow, Carol, $253.4
million in damages, which is a combination of his lost
pay as a Wal-Mart produce manager, mental anguish, loss
of companionship and punitive damages.

Carol Ernst began to cry when the verdict was read while
her attorneys jumped up and shouted, "Amen!"

The plaintiffs team huddled and hugged and repeated,
"Amen, amen," while plaintiff's lawyer Ben Morelli told
Ernst, "It's your jury."

"Anyone who said they are too small town or won't
understand, they are crazy," said her lawyer, Mark
Lanier. "They know truth and they know justice."

"Merck should come to the table and accept
responsibility," Lanier said.

The jury broke down the damage award as $450,000 in
economic damages - Robert Ernst's lost pay as a Wal-Mart
produce manager; $24 million for mental anguish and loss
of companionship, and $229 million in punitive damages.

But the punitive damage amount is likely to be reduced as
state law caps punitive damages at twice the amount of
economic damages - lost pay - and up to $750,000 on top
of non-economic damages, which are comprised of mental
anguish and loss of companionship.

The case drew national attention from pharmaceutical
companies, lawyers, consumers, stock analysts and
arbitragers as a signal of what lies ahead for Merck,
which has vowed to fight the more than 4,200 state and
federal Vioxx-related lawsuits pending across the
country. Merck said it plans to appeal.

A seven-man, five-woman jury from a semi-rural county
south of Houston deliberated for 10 1/2 hours over two
days before blaming the drug for killing Ernst in his
sleep in 2001. Jurors rejected Merck's argument that
Ernst died of clogged arteries rather than a Vioxx-
induced heart attack that led to his fatal arrhythmia.

Merck response Jonathan Skidmore, a member of Merck's
defense team, said today, "We believe that the plantiff
did not meet the standard set by Texas law to prove Vioxx
caused Mr. Ernst's death."

"There is no reliable scientific evidence that shows
Vioxx causes cardiac arrhythmias, which an autopsy showed
was the cause of Mr. Ernst's death, along with coronary
atherosclerosis."

Merck also contends the case did not call for punitive
damages.

"Merck acted responsibly - from researching Vioxx prior
to approval in clinical trials involving almost 10,000
patients - to monitoring the medicine while it was on the
market - to voluntarily withdrawing the medicine when it
did," Skidmore said.

"We believe that we have strong points to raise on appeal
and are hopeful that the appeals process will correct the
verdict," said Kenneth C. Frazier, senior vice president
and general counsel of Merck, in a written statement.
"Our appeal is about fundamental rights to a fair trial."

The company will base its appeal on:

— Allowing opening testimony to be given to the jury by
unqualified experts.

— Allowing opinion testimony that was not based on a
reliable, scientific basis as required by Texas law.

— Allowing evidence with no relevance to the issues of
the case, which unfairly prejudiced the jury.

— Allowing undisclosed surprise witness and expert
testimony contrary to Texas law.

RESOURCES

AP
THE TRIAL
o What it's about: In the first of thousands of Vioxx
cases to go to court, Carol Ernst blames pharmaceutical
giant Merck & Co. for the 2001 death of her husband,
Robert Ernst. 7/5/05.
o The legal teams: A matchup of legal powerhouses.
7/11/05.

CASES PENDING
o Texas sues: Merck accused of downplaying dangers of
Vioxx. 6/30/05.

Other lawsuits involving Vioxx pending against Merck:
o 4,275 suits in federal and state courts.
o 119 class action cases pending, but none certified.

A little more than two hours into their second day of
deliberations, lawyers said jurors asked for a replay of
testimony from Dr. Maria Araneta, who attributed the 2001
death of Robert Ernst to an irregular heartbeat secondary
to clogged arteries. The panel had yet to specify which
part it wanted to hear, and any replaying of testimony
must take place in open court.

Vioxx-maker Merck & Co. used that autopsy to support the
company's contention that the painkiller had nothing to
do with Robert Ernst's death.

Merck pulled the $2.5 billion seller from the market last
year after a study showed it could double risk of heart
attack or stroke if taken for 18 months or longer, but
the company says no studies link Vioxx to arrhythmia, or
irregular heartbeat.

Araneta, who now works at a hospital in the United Arab
Emirates, testified that a blood clot probably caused a
heart attack that triggered Ernst's arrhythmia. She said
vigorous CPR likely dislodged the clot so she couldn't
find it during the autopsy, and his death was too sudden
to leave evidence of the heart attack.

Merck lost appeals to block jurors from hearing Araneta's
testimony during the trial, which was presented via
videotaped deposition.

Araneta didn't blame Vioxx for causing a heart attack,
noting she knew little of the drug in 2001. Other
plaintiff's experts blamed the drug. Experts who
testified for Merck said Araneta's written conclusions in
the autopsy were valid, but her opinions expressed more
than four years later were not.

The trial that began July 14 was the first of more than
4,200 lawsuits in the nation to go before a jury. The
case has drawn national attention as the first test of
Merck's legal fate, and analysts have speculated Merck's
liability could reach $18 billion.

Merck launched Vioxx in 1999 with great fanfare to
relieve arthritis and acute pain while cutting risk of
stomach bleeding by inhibiting a blood-thinning enzyme.
Some 20 million people took Vioxx when it was available
to consumers.

Lanier asked jurors to award her at least $40 million in
damages.

He suggested during closing arguments that her mental
anguish and loss of companionship damages could reach
$229 million or more. Lanier said Merck reaped that
amount from Vioxx sales in the four months leading to the
February 2002 addition of cardiovascular warnings on the
drug's label. The U.S. Food and Drug Administration
suggested the changes in October 2001 in light of a 2000
study that showed Vioxx users suffered five times as many
heart attacks as those who took the older painkiller,
naproxen.

In Texas, punitive damages are capped at twice the amount
of economic damages - lost pay - and up to $750,000 on
top of non-economic damages, which are comprised of
mental anguish and loss of companionship. Non-economic
damages have no limit in Texas except in medical
malpractice cases, which doesn't apply to the Ernst case.

Shares of Merck & Co. fell $1.01, or 3.3 percent, to
$29.40 in afternoon trading on the New York Stock
Exchange after the verdict

Plaintiff Carol Ernst, center, and her attorneys Randy
Moore and Ben Morelli react to the jury's verdict in her
favor in her case against Vioxx maker Merck & Co. today
in Angleton.
Pat Sullivan / Associated Press

http://www.chron.com/cs/CDA/ssistory.mpl/topstory/3317710

- - - - - - -

Posted on 8/19/2005 1:32:12 PM PDT by Dog Gone

- - - - - - - - - - - - - - - - - - - - - - - - - - - -
End of forwarded messages

Jai Maharaj
http://www.mantra.com/jai
Om Shanti

Hindu Holocaust Museum
http://www.mantra.com/holocaust

Hindu life, principles, spirituality and philosophy
http://www.hindu.org
http://www.hindunet.org

The truth about Islam and Muslims
http://www.flex.com/~jai/satyamevajayate

The terrorist mission of Jesus stated in the Christian bible:

"Think not that I am come to send peace on earth: I came not so send
peace, but a sword.
"For I am come to set a man at variance against his father, and the
daughter against her mother, and the daughter in law against her mother in
law.
"And a man's foes shall be they of his own household.
- Matthew 10:34-36.

o Not for commercial use. Solely to be fairly used for the educational
purposes of research and open discussion. The contents of this post may not
have been authored by, and do not necessarily represent the opinion of the
poster. The contents are protected by copyright law and the exemption for
fair use of copyrighted works.
o If you send private e-mail to me, it will likely not be read,
considered or answered if it does not contain your full legal name, current
e-mail and postal addresses, and live-voice telephone number.
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FAIR USE NOTICE: This article may contain copyrighted material the use of
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Since newsgroup posts are being removed
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this post may be reposted several times.

Re: Vioxx jury finds Merck liable (253.4 MILLION dollars) -- Posted by whogasa on 08-19-05 17:58

Now Dr. Dumbsack, why would you post this? To show homeopathy is
better than western medicine and thus by your twisted inference, so is
asstrology. Go to sleep and give your braincells their most needed
rest.

Re: Vioxx jury finds Merck liable (253.4 MILLION dollars) -- Posted by PeterB on 08-20-05 12:22

Sometimes, justice prevails. I wonder if Merck shareholders will
accept the risk and hang in there? I wouldn't.

PeterB

Dr. Jai Maharaj wrote:
> Vioxx jury finds Merck liable (253.4 MILLION dollars)
>
> The Houston Chronicle
> Friday, August 19, 2005
>
> Angleton - The Brazoria County jury in the nation's first
> Vioxx-related civil trial has found pharmaceutical giant
> Merck & Co. liable for the death of a man who took the
> painkiller.
>
> Jurors awarded Robert Ernst's widow, Carol, $253.4
> million in damages, which is a combination of his lost
> pay as a Wal-Mart produce manager, mental anguish, loss
> of companionship and punitive damages.
>
> Carol Ernst began to cry when the verdict was read while
> her attorneys jumped up and shouted, "Amen!"
>
> The plaintiffs team huddled and hugged and repeated,
> "Amen, amen," while plaintiff's lawyer Ben Morelli told
> Ernst, "It's your jury."
>
> "Anyone who said they are too small town or won't
> understand, they are crazy," said her lawyer, Mark
> Lanier. "They know truth and they know justice."
>
> "Merck should come to the table and accept
> responsibility," Lanier said.
>
> The jury broke down the damage award as $450,000 in
> economic damages - Robert Ernst's lost pay as a Wal-Mart
> produce manager; $24 million for mental anguish and loss
> of companionship, and $229 million in punitive damages.
>
> But the punitive damage amount is likely to be reduced as
> state law caps punitive damages at twice the amount of
> economic damages - lost pay - and up to $750,000 on top
> of non-economic damages, which are comprised of mental
> anguish and loss of companionship.
>
> The case drew national attention from pharmaceutical
> companies, lawyers, consumers, stock analysts and
> arbitragers as a signal of what lies ahead for Merck,
> which has vowed to fight the more than 4,200 state and
> federal Vioxx-related lawsuits pending across the
> country. Merck said it plans to appeal.
>
> A seven-man, five-woman jury from a semi-rural county
> south of Houston deliberated for 10 1/2 hours over two
> days before blaming the drug for killing Ernst in his
> sleep in 2001. Jurors rejected Merck's argument that
> Ernst died of clogged arteries rather than a Vioxx-
> induced heart attack that led to his fatal arrhythmia.
>
> Merck response Jonathan Skidmore, a member of Merck's
> defense team, said today, "We believe that the plantiff
> did not meet the standard set by Texas law to prove Vioxx
> caused Mr. Ernst's death."
>
> "There is no reliable scientific evidence that shows
> Vioxx causes cardiac arrhythmias, which an autopsy showed
> was the cause of Mr. Ernst's death, along with coronary
> atherosclerosis."
>
> Merck also contends the case did not call for punitive
> damages.
>
> "Merck acted responsibly - from researching Vioxx prior
> to approval in clinical trials involving almost 10,000
> patients - to monitoring the medicine while it was on the
> market - to voluntarily withdrawing the medicine when it
> did," Skidmore said.
>
> "We believe that we have strong points to raise on appeal
> and are hopeful that the appeals process will correct the
> verdict," said Kenneth C. Frazier, senior vice president
> and general counsel of Merck, in a written statement.
> "Our appeal is about fundamental rights to a fair trial."
>
> The company will base its appeal on:
>
> - Allowing opening testimony to be given to the jury by
> unqualified experts.
>
> - Allowing opinion testimony that was not based on a
> reliable, scientific basis as required by Texas law.
>
> - Allowing evidence with no relevance to the issues of
> the case, which unfairly prejudiced the jury.
>
> - Allowing undisclosed surprise witness and expert
> testimony contrary to Texas law.
>
> RESOURCES
>
> AP
> THE TRIAL
> o What it's about: In the first of thousands of Vioxx
> cases to go to court, Carol Ernst blames pharmaceutical
> giant Merck & Co. for the 2001 death of her husband,
> Robert Ernst. 7/5/05.
> o The legal teams: A matchup of legal powerhouses.
> 7/11/05.
>
> CASES PENDING
> o Texas sues: Merck accused of downplaying dangers of
> Vioxx. 6/30/05.
>
> Other lawsuits involving Vioxx pending against Merck:
> o 4,275 suits in federal and state courts.
> o 119 class action cases pending, but none certified.
>
> A little more than two hours into their second day of
> deliberations, lawyers said jurors asked for a replay of
> testimony from Dr. Maria Araneta, who attributed the 2001
> death of Robert Ernst to an irregular heartbeat secondary
> to clogged arteries. The panel had yet to specify which
> part it wanted to hear, and any replaying of testimony
> must take place in open court.
>
> Vioxx-maker Merck & Co. used that autopsy to support the
> company's contention that the painkiller had nothing to
> do with Robert Ernst's death.
>
> Merck pulled the $2.5 billion seller from the market last
> year after a study showed it could double risk of heart
> attack or stroke if taken for 18 months or longer, but
> the company says no studies link Vioxx to arrhythmia, or
> irregular heartbeat.
>
> Araneta, who now works at a hospital in the United Arab
> Emirates, testified that a blood clot probably caused a
> heart attack that triggered Ernst's arrhythmia. She said
> vigorous CPR likely dislodged the clot so she couldn't
> find it during the autopsy, and his death was too sudden
> to leave evidence of the heart attack.
>
> Merck lost appeals to block jurors from hearing Araneta's
> testimony during the trial, which was presented via
> videotaped deposition.
>
> Araneta didn't blame Vioxx for causing a heart attack,
> noting she knew little of the drug in 2001. Other
> plaintiff's experts blamed the drug. Experts who
> testified for Merck said Araneta's written conclusions in
> the autopsy were valid, but her opinions expressed more
> than four years later were not.
>
> The trial that began July 14 was the first of more than
> 4,200 lawsuits in the nation to go before a jury. The
> case has drawn national attention as the first test of
> Merck's legal fate, and analysts have speculated Merck's
> liability could reach $18 billion.
>
> Merck launched Vioxx in 1999 with great fanfare to
> relieve arthritis and acute pain while cutting risk of
> stomach bleeding by inhibiting a blood-thinning enzyme.
> Some 20 million people took Vioxx when it was available
> to consumers.
>
> Lanier asked jurors to award her at least $40 million in
> damages.
>
> He suggested during closing arguments that her mental
> anguish and loss of companionship damages could reach
> $229 million or more. Lanier said Merck reaped that
> amount from Vioxx sales in the four months leading to the
> February 2002 addition of cardiovascular warnings on the
> drug's label. The U.S. Food and Drug Administration
> suggested the changes in October 2001 in light of a 2000
> study that showed Vioxx users suffered five times as many
> heart attacks as those who took the older painkiller,
> naproxen.
>
> In Texas, punitive damages are capped at twice the amount
> of economic damages - lost pay - and up to $750,000 on
> top of non-economic damages, which are comprised of
> mental anguish and loss of companionship. Non-economic
> damages have no limit in Texas except in medical
> malpractice cases, which doesn't apply to the Ernst case.
>
> Shares of Merck & Co. fell $1.01, or 3.3 percent, to
> $29.40 in afternoon trading on the New York Stock
> Exchange after the verdict
>
> Plaintiff Carol Ernst, center, and her attorneys Randy
> Moore and Ben Morelli react to the jury's verdict in her
> favor in her case against Vioxx maker Merck & Co. today
> in Angleton.
> Pat Sullivan / Associated Press
>
> http://www.chron.com/cs/CDA/ssistory.mpl/topstory/3317710
>
> - - - - - - -
>
> Posted on 8/19/2005 1:32:12 PM PDT by Dog Gone
>
> - - - - - - - - - - - - - - - - - - - - - - - - - - - -
> End of forwarded messages
>
> Jai Maharaj
> http://www.mantra.com/jai
> Om Shanti
>
> Hindu Holocaust Museum
> http://www.mantra.com/holocaust
>
> Hindu life, principles, spirituality and philosophy
> http://www.hindu.org
> http://www.hindunet.org
>
> The truth about Islam and Muslims
> http://www.flex.com/~jai/satyamevajayate
>
> The terrorist mission of Jesus stated in the Christian bible:
>
> "Think not that I am come to send peace on earth: I came not so send
> peace, but a sword.
> "For I am come to set a man at variance against his father, and the
> daughter against her mother, and the daughter in law against her mother in
> law.
> "And a man's foes shall be they of his own household.
> - Matthew 10:34-36.
>
> o Not for commercial use. Solely to be fairly used for the educational
> purposes of research and open discussion. The contents of this post may not
> have been authored by, and do not necessarily represent the opinion of the
> poster. The contents are protected by copyright law and the exemption for
> fair use of copyrighted works.
> o If you send private e-mail to me, it will likely not be read,
> considered or answered if it does not contain your full legal name, current
> e-mail and postal addresses, and live-voice telephone number.
> o Posted for information and discussion. Views expressed by others are
> not necessarily those of the poster who may or may not have read the article.
>
> FAIR USE NOTICE: This article may contain copyrighted material the use of
> which may or may not have been specifically authorized by the copyright
> owner. This material is being made available in efforts to advance the
> understanding of environmental, political, human rights, economic,
> democratic, scientific, social, and cultural, etc., issues. It is believed
> that this constitutes a 'fair use' of any such copyrighted material as
> provided for in section 107 of the US Copyright Law. In accordance with Title
> 17 U.S.C. Section 107, the material on this site is distributed without
> profit to those who have expressed a prior interest in receiving the included
> information for research, comment, discussion and educational purposes by
> subscribing to USENET newsgroups or visiting web sites. For more information
> go to: http://www.law.cornell.edu/uscode/17/107.shtml
> If you wish to use copyrighted material from this article for purposes of
> your own that go beyond 'fair use', you must obtain permission from the
> copyright owner.
>
> Since newsgroup posts are being removed
> by forgery by one or more net terrorists,
> this post may be reposted several times.

Re: Vioxx jury finds Merck liable (253.4 MILLION dollars) -- Posted by Dr. Jai Maharaj on 08-20-05 14:22

They may buy more shares as prices drop.

Jai Maharaj
http://www.mantra.com/jai
Om Shanti

In article <1124565754.972827.74100@f14g2000cwb.googlegroups.com>,
"PeterB" posted:
> Sometimes, justice prevails. I wonder if Merck shareholders will
> accept the risk and hang in there? I wouldn't.
>
> PeterB
>
> Dr. Jai Maharaj wrote:
>
> > Vioxx jury finds Merck liable (253.4 MILLION dollars)
> >
> > The Houston Chronicle
> > Friday, August 19, 2005
> >
> > Angleton - The Brazoria County jury in the nation's first
> > Vioxx-related civil trial has found pharmaceutical giant
> > Merck & Co. liable for the death of a man who took the
> > painkiller.
> >
> > Jurors awarded Robert Ernst's widow, Carol, $253.4
> > million in damages, which is a combination of his lost
> > pay as a Wal-Mart produce manager, mental anguish, loss
> > of companionship and punitive damages.
> >
> > Carol Ernst began to cry when the verdict was read while
> > her attorneys jumped up and shouted, "Amen!"
> >
> > The plaintiffs team huddled and hugged and repeated,
> > "Amen, amen," while plaintiff's lawyer Ben Morelli told
> > Ernst, "It's your jury."
> >
> > "Anyone who said they are too small town or won't
> > understand, they are crazy," said her lawyer, Mark
> > Lanier. "They know truth and they know justice."
> >
> > "Merck should come to the table and accept
> > responsibility," Lanier said.
> >
> > The jury broke down the damage award as $450,000 in
> > economic damages - Robert Ernst's lost pay as a Wal-Mart
> > produce manager; $24 million for mental anguish and loss
> > of companionship, and $229 million in punitive damages.
> >
> > But the punitive damage amount is likely to be reduced as
> > state law caps punitive damages at twice the amount of
> > economic damages - lost pay - and up to $750,000 on top
> > of non-economic damages, which are comprised of mental
> > anguish and loss of companionship.
> >
> > The case drew national attention from pharmaceutical
> > companies, lawyers, consumers, stock analysts and
> > arbitragers as a signal of what lies ahead for Merck,
> > which has vowed to fight the more than 4,200 state and
> > federal Vioxx-related lawsuits pending across the
> > country. Merck said it plans to appeal.
> >
> > A seven-man, five-woman jury from a semi-rural county
> > south of Houston deliberated for 10 1/2 hours over two
> > days before blaming the drug for killing Ernst in his
> > sleep in 2001. Jurors rejected Merck's argument that
> > Ernst died of clogged arteries rather than a Vioxx-
> > induced heart attack that led to his fatal arrhythmia.
> >
> > Merck response Jonathan Skidmore, a member of Merck's
> > defense team, said today, "We believe that the plantiff
> > did not meet the standard set by Texas law to prove Vioxx
> > caused Mr. Ernst's death."
> >
> > "There is no reliable scientific evidence that shows
> > Vioxx causes cardiac arrhythmias, which an autopsy showed
> > was the cause of Mr. Ernst's death, along with coronary
> > atherosclerosis."
> >
> > Merck also contends the case did not call for punitive
> > damages.
> >
> > "Merck acted responsibly - from researching Vioxx prior
> > to approval in clinical trials involving almost 10,000
> > patients - to monitoring the medicine while it was on the
> > market - to voluntarily withdrawing the medicine when it
> > did," Skidmore said.
> >
> > "We believe that we have strong points to raise on appeal
> > and are hopeful that the appeals process will correct the
> > verdict," said Kenneth C. Frazier, senior vice president
> > and general counsel of Merck, in a written statement.
> > "Our appeal is about fundamental rights to a fair trial."
> >
> > The company will base its appeal on:
> >
> > - Allowing opening testimony to be given to the jury by
> > unqualified experts.
> >
> > - Allowing opinion testimony that was not based on a
> > reliable, scientific basis as required by Texas law.
> >
> > - Allowing evidence with no relevance to the issues of
> > the case, which unfairly prejudiced the jury.
> >
> > - Allowing undisclosed surprise witness and expert
> > testimony contrary to Texas law.
> >
> > RESOURCES
> >
> > AP
> > THE TRIAL
> > o What it's about: In the first of thousands of Vioxx
> > cases to go to court, Carol Ernst blames pharmaceutical
> > giant Merck & Co. for the 2001 death of her husband,
> > Robert Ernst. 7/5/05.
> > o The legal teams: A matchup of legal powerhouses.
> > 7/11/05.
> >
> > CASES PENDING
> > o Texas sues: Merck accused of downplaying dangers of
> > Vioxx. 6/30/05.
> >
> > Other lawsuits involving Vioxx pending against Merck:
> > o 4,275 suits in federal and state courts.
> > o 119 class action cases pending, but none certified.
> >
> > A little more than two hours into their second day of
> > deliberations, lawyers said jurors asked for a replay of
> > testimony from Dr. Maria Araneta, who attributed the 2001
> > death of Robert Ernst to an irregular heartbeat secondary
> > to clogged arteries. The panel had yet to specify which
> > part it wanted to hear, and any replaying of testimony
> > must take place in open court.
> >
> > Vioxx-maker Merck & Co. used that autopsy to support the
> > company's contention that the painkiller had nothing to
> > do with Robert Ernst's death.
> >
> > Merck pulled the $2.5 billion seller from the market last
> > year after a study showed it could double risk of heart
> > attack or stroke if taken for 18 months or longer, but
> > the company says no studies link Vioxx to arrhythmia, or
> > irregular heartbeat.
> >
> > Araneta, who now works at a hospital in the United Arab
> > Emirates, testified that a blood clot probably caused a
> > heart attack that triggered Ernst's arrhythmia. She said
> > vigorous CPR likely dislodged the clot so she couldn't
> > find it during the autopsy, and his death was too sudden
> > to leave evidence of the heart attack.
> >
> > Merck lost appeals to block jurors from hearing Araneta's
> > testimony during the trial, which was presented via
> > videotaped deposition.
> >
> > Araneta didn't blame Vioxx for causing a heart attack,
> > noting she knew little of the drug in 2001. Other
> > plaintiff's experts blamed the drug. Experts who
> > testified for Merck said Araneta's written conclusions in
> > the autopsy were valid, but her opinions expressed more
> > than four years later were not.
> >
> > The trial that began July 14 was the first of more than
> > 4,200 lawsuits in the nation to go before a jury. The
> > case has drawn national attention as the first test of
> > Merck's legal fate, and analysts have speculated Merck's
> > liability could reach $18 billion.
> >
> > Merck launched Vioxx in 1999 with great fanfare to
> > relieve arthritis and acute pain while cutting risk of
> > stomach bleeding by inhibiting a blood-thinning enzyme.
> > Some 20 million people took Vioxx when it was available
> > to consumers.
> >
> > Lanier asked jurors to award her at least $40 million in
> > damages.
> >
> > He suggested during closing arguments that her mental
> > anguish and loss of companionship damages could reach
> > $229 million or more. Lanier said Merck reaped that
> > amount from Vioxx sales in the four months leading to the
> > February 2002 addition of cardiovascular warnings on the
> > drug's label. The U.S. Food and Drug Administration
> > suggested the changes in October 2001 in light of a 2000
> > study that showed Vioxx users suffered five times as many
> > heart attacks as those who took the older painkiller,
> > naproxen.
> >
> > In Texas, punitive damages are capped at twice the amount
> > of economic damages - lost pay - and up to $750,000 on
> > top of non-economic damages, which are comprised of
> > mental anguish and loss of companionship. Non-economic
> > damages have no limit in Texas except in medical
> > malpractice cases, which doesn't apply to the Ernst case.
> >
> > Shares of Merck & Co. fell $1.01, or 3.3 percent, to
> > $29.40 in afternoon trading on the New York Stock
> > Exchange after the verdict
> >
> > Plaintiff Carol Ernst, center, and her attorneys Randy
> > Moore and Ben Morelli react to the jury's verdict in her
> > favor in her case against Vioxx maker Merck & Co. today
> > in Angleton.
> > Pat Sullivan / Associated Press
> >
> > http://www.chron.com/cs/CDA/ssistory.mpl/topstory/3317710
> >
> > - - - - - - -
> >
> > Posted on 8/19/2005 1:32:12 PM PDT by Dog Gone
> >
> > - - - - - - - - - - - - - - - - - - - - - - - - - - - -
> > End of forwarded messages
> >
> > Jai Maharaj
> > http://www.mantra.com/jai
> > Om Shanti
> >
> > Hindu Holocaust Museum
> > http://www.mantra.com/holocaust
> >
> > Hindu life, principles, spirituality and philosophy
> > http://www.hindu.org
> > http://www.hindunet.org
> >
> > The truth about Islam and Muslims
> > http://www.flex.com/~jai/satyamevajayate
> >
> > The terrorist mission of Jesus stated in the Christian bible:
> >
> > "Think not that I am come to send peace on earth: I came not so send
> > peace, but a sword.
> > "For I am come to set a man at variance against his father, and the
> > daughter against her mother, and the daughter in law against her mother in
> > law.
> > "And a man's foes shall be they of his own household.
> > - Matthew 10:34-36.
> >
> > o Not for commercial use. Solely to be fairly used for the educational
> > purposes of research and open discussion. The contents of this post may not
> > have been authored by, and do not necessarily represent the opinion of the
> > poster. The contents are protected by copyright law and the exemption for
> > fair use of copyrighted works.
> > o If you send private e-mail to me, it will likely not be read,
> > considered or answered if it does not contain your full legal name, current
> > e-mail and postal addresses, and live-voice telephone number.
> > o Posted for information and discussion. Views expressed by others are
> > not necessarily those of the poster who may or may not have read the
> article.
> >
> > FAIR USE NOTICE: This article may contain copyrighted material the use of
> > which may or may not have been specifically authorized by the copyright
> > owner. This material is being made available in efforts to advance the
> > understanding of environmental, political, human rights, economic,
> > democratic, scientific, social, and cultural, etc., issues. It is believed
> > that this constitutes a 'fair use' of any such copyrighted material as
> > provided for in section 107 of the US Copyright Law. In accordance with
> Title
> > 17 U.S.C. Section 107, the material on this site is distributed without
> > profit to those who have expressed a prior interest in receiving the
> included
> > information for research, comment, discussion and educational purposes by
> > subscribing to USENET newsgroups or visiting web sites. For more information
> > go to: http://www.law.cornell.edu/uscode/17/107.shtml
> > If you wish to use copyrighted material from this article for purposes of
> > your own that go beyond 'fair use', you must obtain permission from the
> > copyright owner.
> >
> > Since newsgroup posts are being removed
> > by forgery by one or more net terrorists,
> > this post may be reposted several times.
>

Re: Vioxx jury finds Merck liable (253.4 MILLION dollars) -- Posted by Mark Probert on 08-20-05 15:07

PeterB wrote:
> Sometimes, justice prevails. I wonder if Merck shareholders will
> accept the risk and hang in there? I wouldn't.

Let's see how the judge rules on the motion for a judgement
notwithsatnading the verdict, and a motion to reduce. The talking
talking heads all predict a drastic drop in the award.

I predict a motion to consolidate into one national class action.

>
> PeterB
>
> Dr. Jai Maharaj wrote:
>
>>Vioxx jury finds Merck liable (253.4 MILLION dollars)
>>
>>The Houston Chronicle
>>Friday, August 19, 2005
>>
>>Angleton - The Brazoria County jury in the nation's first
>>Vioxx-related civil trial has found pharmaceutical giant
>>Merck & Co. liable for the death of a man who took the
>>painkiller.
>>
>>Jurors awarded Robert Ernst's widow, Carol, $253.4
>>million in damages, which is a combination of his lost
>>pay as a Wal-Mart produce manager, mental anguish, loss
>>of companionship and punitive damages.
>>
>> Carol Ernst began to cry when the verdict was read while
>>her attorneys jumped up and shouted, "Amen!"
>>
>>The plaintiffs team huddled and hugged and repeated,
>>"Amen, amen," while plaintiff's lawyer Ben Morelli told
>>Ernst, "It's your jury."
>>
>>"Anyone who said they are too small town or won't
>>understand, they are crazy," said her lawyer, Mark
>>Lanier. "They know truth and they know justice."
>>
>>"Merck should come to the table and accept
>>responsibility," Lanier said.
>>
>> The jury broke down the damage award as $450,000 in
>>economic damages - Robert Ernst's lost pay as a Wal-Mart
>>produce manager; $24 million for mental anguish and loss
>>of companionship, and $229 million in punitive damages.
>>
>>But the punitive damage amount is likely to be reduced as
>>state law caps punitive damages at twice the amount of
>>economic damages - lost pay - and up to $750,000 on top
>>of non-economic damages, which are comprised of mental
>>anguish and loss of companionship.
>>
>>The case drew national attention from pharmaceutical
>>companies, lawyers, consumers, stock analysts and
>>arbitragers as a signal of what lies ahead for Merck,
>>which has vowed to fight the more than 4,200 state and
>>federal Vioxx-related lawsuits pending across the
>>country. Merck said it plans to appeal.
>>
>>A seven-man, five-woman jury from a semi-rural county
>>south of Houston deliberated for 10 1/2 hours over two
>>days before blaming the drug for killing Ernst in his
>>sleep in 2001. Jurors rejected Merck's argument that
>>Ernst died of clogged arteries rather than a Vioxx-
>>induced heart attack that led to his fatal arrhythmia.
>>
>>Merck response Jonathan Skidmore, a member of Merck's
>>defense team, said today, "We believe that the plantiff
>>did not meet the standard set by Texas law to prove Vioxx
>>caused Mr. Ernst's death."
>>
>>"There is no reliable scientific evidence that shows
>>Vioxx causes cardiac arrhythmias, which an autopsy showed
>>was the cause of Mr. Ernst's death, along with coronary
>>atherosclerosis."
>>
>>Merck also contends the case did not call for punitive
>>damages.
>>
>>"Merck acted responsibly - from researching Vioxx prior
>>to approval in clinical trials involving almost 10,000
>>patients - to monitoring the medicine while it was on the
>>market - to voluntarily withdrawing the medicine when it
>>did," Skidmore said.
>>
>>"We believe that we have strong points to raise on appeal
>>and are hopeful that the appeals process will correct the
>>verdict," said Kenneth C. Frazier, senior vice president
>>and general counsel of Merck, in a written statement.
>>"Our appeal is about fundamental rights to a fair trial."
>>
>>The company will base its appeal on:
>>
>> - Allowing opening testimony to be given to the jury by
>>unqualified experts.
>>
>> - Allowing opinion testimony that was not based on a
>>reliable, scientific basis as required by Texas law.
>>
>> - Allowing evidence with no relevance to the issues of
>>the case, which unfairly prejudiced the jury.
>>
>> - Allowing undisclosed surprise witness and expert
>>testimony contrary to Texas law.
>>
>>RESOURCES
>>
>>AP
>>THE TRIAL
>>o What it's about: In the first of thousands of Vioxx
>>cases to go to court, Carol Ernst blames pharmaceutical
>>giant Merck & Co. for the 2001 death of her husband,
>>Robert Ernst. 7/5/05.
>>o The legal teams: A matchup of legal powerhouses.
>>7/11/05.
>>
>>CASES PENDING
>>o Texas sues: Merck accused of downplaying dangers of
>>Vioxx. 6/30/05.
>>
>>Other lawsuits involving Vioxx pending against Merck:
>>o 4,275 suits in federal and state courts.
>>o 119 class action cases pending, but none certified.
>>
>>A little more than two hours into their second day of
>>deliberations, lawyers said jurors asked for a replay of
>>testimony from Dr. Maria Araneta, who attributed the 2001
>>death of Robert Ernst to an irregular heartbeat secondary
>>to clogged arteries. The panel had yet to specify which
>>part it wanted to hear, and any replaying of testimony
>>must take place in open court.
>>
>>Vioxx-maker Merck & Co. used that autopsy to support the
>>company's contention that the painkiller had nothing to
>>do with Robert Ernst's death.
>>
>>Merck pulled the $2.5 billion seller from the market last
>>year after a study showed it could double risk of heart
>>attack or stroke if taken for 18 months or longer, but
>>the company says no studies link Vioxx to arrhythmia, or
>>irregular heartbeat.
>>
>>Araneta, who now works at a hospital in the United Arab
>>Emirates, testified that a blood clot probably caused a
>>heart attack that triggered Ernst's arrhythmia. She said
>>vigorous CPR likely dislodged the clot so she couldn't
>>find it during the autopsy, and his death was too sudden
>>to leave evidence of the heart attack.
>>
>>Merck lost appeals to block jurors from hearing Araneta's
>>testimony during the trial, which was presented via
>>videotaped deposition.
>>
>>Araneta didn't blame Vioxx for causing a heart attack,
>>noting she knew little of the drug in 2001. Other
>>plaintiff's experts blamed the drug. Experts who
>>testified for Merck said Araneta's written conclusions in
>>the autopsy were valid, but her opinions expressed more
>>than four years later were not.
>>
>>The trial that began July 14 was the first of more than
>>4,200 lawsuits in the nation to go before a jury. The
>>case has drawn national attention as the first test of
>>Merck's legal fate, and analysts have speculated Merck's
>>liability could reach $18 billion.
>>
>>Merck launched Vioxx in 1999 with great fanfare to
>>relieve arthritis and acute pain while cutting risk of
>>stomach bleeding by inhibiting a blood-thinning enzyme.
>>Some 20 million people took Vioxx when it was available
>>to consumers.
>>
>>Lanier asked jurors to award her at least $40 million in
>>damages.
>>
>>He suggested during closing arguments that her mental
>>anguish and loss of companionship damages could reach
>>$229 million or more. Lanier said Merck reaped that
>>amount from Vioxx sales in the four months leading to the
>>February 2002 addition of cardiovascular warnings on the
>>drug's label. The U.S. Food and Drug Administration
>>suggested the changes in October 2001 in light of a 2000
>>study that showed Vioxx users suffered five times as many
>>heart attacks as those who took the older painkiller,
>>naproxen.
>>
>>In Texas, punitive damages are capped at twice the amount
>>of economic damages - lost pay - and up to $750,000 on
>>top of non-economic damages, which are comprised of
>>mental anguish and loss of companionship. Non-economic
>>damages have no limit in Texas except in medical
>>malpractice cases, which doesn't apply to the Ernst case.
>>
>>Shares of Merck & Co. fell $1.01, or 3.3 percent, to
>>$29.40 in afternoon trading on the New York Stock
>>Exchange after the verdict
>>
>>Plaintiff Carol Ernst, center, and her attorneys Randy
>>Moore and Ben Morelli react to the jury's verdict in her
>>favor in her case against Vioxx maker Merck & Co. today
>>in Angleton.
>> Pat Sullivan / Associated Press
>>
>>http://www.chron.com/cs/CDA/ssistory.mpl/topstory/3317710
>>
>> - - - - - - -
>>
>>Posted on 8/19/2005 1:32:12 PM PDT by Dog Gone
>>
>> - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>> End of forwarded messages
>>
>>Jai Maharaj
>>http://www.mantra.com/jai
>>Om Shanti
>>
>>Hindu Holocaust Museum
>>http://www.mantra.com/holocaust
>>
>>Hindu life, principles, spirituality and philosophy
>>http://www.hindu.org
>>http://www.hindunet.org
>>
>>The truth about Islam and Muslims
>>http://www.flex.com/~jai/satyamevajayate
>>
>>The terrorist mission of Jesus stated in the Christian bible:
>>
>> "Think not that I am come to send peace on earth: I came not so send
>>peace, but a sword.
>> "For I am come to set a man at variance against his father, and the
>>daughter against her mother, and the daughter in law against her mother in
>>law.
>> "And a man's foes shall be they of his own household.
>> - Matthew 10:34-36.
>>
>> o Not for commercial use. Solely to be fairly used for the educational
>>purposes of research and open discussion. The contents of this post may not
>>have been authored by, and do not necessarily represent the opinion of the
>>poster. The contents are protected by copyright law and the exemption for
>>fair use of copyrighted works.
>> o If you send private e-mail to me, it will likely not be read,
>>considered or answered if it does not contain your full legal name, current
>>e-mail and postal addresses, and live-voice telephone number.
>> o Posted for information and discussion. Views expressed by others are
>>not necessarily those of the poster who may or may not have read the article.
>>
>>FAIR USE NOTICE: This article may contain copyrighted material the use of
>>which may or may not have been specifically authorized by the copyright
>>owner. This material is being made available in efforts to advance the
>>understanding of environmental, political, human rights, economic,
>>democratic, scientific, social, and cultural, etc., issues. It is believed
>>that this constitutes a 'fair use' of any such copyrighted material as
>>provided for in section 107 of the US Copyright Law. In accordance with Title
>>17 U.S.C. Section 107, the material on this site is distributed without
>>profit to those who have expressed a prior interest in receiving the included
>>information for research, comment, discussion and educational purposes by
>>subscribing to USENET newsgroups or visiting web sites. For more information
>>go to: http://www.law.cornell.edu/uscode/17/107.shtml
>>If you wish to use copyrighted material from this article for purposes of
>>your own that go beyond 'fair use', you must obtain permission from the
>>copyright owner.
>>
>>Since newsgroup posts are being removed
>>by forgery by one or more net terrorists,
>>this post may be reposted several times.
>
>

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