Courts Reject Two Major Vioxx Verdicts

Courts Reject Two Major Vioxx Verdicts



Category: Vioxx

More Info: Defective Drugs

Two major court victories for Merck on Thursday pushed the litigation over the painkiller Vioxx closer to conclusion and highlighted the increasing difficulty that plaintiffs’ lawyers were having in winning lawsuits against big drug companies.

A state appeals court in Texas overturned a $26 million jury verdict against the company in a lawsuit brought by Carol Ernst, whose husband, Robert, died in 2001 after taking Vioxx. In reversing the verdict, the appeals court found that plaintiffs had not proved that Vioxx caused Mr. Ernst’s death.

Separately, an appeals court in New Jersey sharply reduced a verdict in another Vioxx case. The court ruled that the jury should not have been allowed to award punitive damages against Merck or to find that Merck had committed consumer fraud. Only compensatory damages of $4.5 million were permitted, the court said.

The rulings on Thursday leave lawyers for plaintiffs with just three victories, all with relatively small awards, in the nearly 20 Vioxx cases that have reached juries. Mark Lanier, a plaintiffs’ lawyer who was involved in both cases decided Thursday, criticized the decisions and promised appeals. But plaintiffs face an uphill battle.

Continue reading...

See the original article here: https://www.nytimes.com/2008/05/30/business/30drug.html


About TriMark Legal Funding

TriMark Legal Funding was founded in 2003 and is one of America's leading national lawsuit funding companies. TriMark provides pre-settlement funding and post-settlement funding, sometimes called 'lawsuit loans', to injured plaintiffs throughout the United States. We offer funding on hundreds of different types of legal claims including personal injury loans, employment litigation funding, work injury accident loans, workers compensation loans, mass tort litigation funding, and multidistrict litigation funding.

If you're thinking "how can I sell my structured settlement payments for cash", TriMark can help. also provide immediate inheritance advance funding for heirs and beneficiaries, as well as attorney funding and law firm financing for legal practices.

Personal Injury LawsuitsMass Torts

Click here to see the original article.

* Word-Use Disclaimer

Legal funding is not a loan. It is the non-recourse purchase of an equitable lien in a plaintiffs’ legal claim. Words such as ‘loans,’ ‘lending,’ ‘borrow,’ etc., are used for search and marketing purposes only.
More info

TriMark Legal Funding LLC
1056 Green Acres Rd #102
Eugene, OR 97408