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Citing Merck misconduct, jurors find for plaintiff in Vioxx retrial.

Publication: Trial
Publication Date: 01-MAY-07
Format: Online
Delivery: Immediate Online Access

Article Excerpt
An Idaho man who alleged that Vioxx caused his 2001 heart attack has prevailed against its manufacturer, Merck & Co., Inc., after he lost his first trial and was granted a new one based on evidence that Merck had withheld safety data. (Humeston v. Merck, No. ATL-L-2272-03 (NJ. Super. Mar. 12, 2007).)

Frederick Humeston's first trial ended in a defense verdict in November 2005. But after new evidence came to light that Merck had misrepresented the heart attack risk linked to Vioxx, New Jersey Superior Court Judge Carol Higbee vacated that verdict in August 2006. Higbee is overseeing all the Vioxx cases filed in her state against Merck, based in Whitehouse Station, New Jersey.

In March, jurors awarded Humeston and his wife $20 million in compensatory damages and $27.5...

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