Tuesday, March 27, 2007

Merck - Vioxx: No millions in Madison County

Except for the lawyers!

Jurors sided with Vioxx maker Merck & Co. on Tuesday over claims that its once-blockbuster painkiller was responsible for the 2003 deadly heart attack of an obese 52-year-old woman.

A Madison County court jury found that while Merck knew or should have known that Vioxx may have posed dangers to patients like Patty Schwaller, the company adequately warned doctors and consumers about possible complications from using the drug.

After deliberating roughly six hours over two days, jurors ruled that the painkiller was not a ''proximate cause'' of the death of Schwaller, who had taken Vioxx for about 20 months.

The company had argued that Schwaller's obesity and other health issues might have posed risks that better explain the collapse and sudden death of the 5-foot-2 woman who weighed between 250 and 300 pounds.

Schwaller's husband claimed that Vioxx contributed to his wife's death and that Merck failed to sufficiently warn consumers that the drug increased the risk of cardiovascular problems.

The victory was Merck's 10th in 15 cases that have been tried in the mushrooming litigation over the drug Merck pulled off the market in 2004 after its research showed it increased the risk of heart attacks and strokes. It was the first trial in the Midwest and had been conducted in a county known for large awards favoring plaintiffs.

Schwaller's widower, Frank Schwaller, showed no emotion when the verdict was read. But Dan Ball, an attorney for Merck, mouthed ''thank you'' several times to the jurors.

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