Merck's Vioxx Fight Paying Off
Plaintiff lawyers reacted with excitement when Merck pulled Vioxx, its best-selling painkiller, from the market in September 2004. Merck's decision to withdraw was an invitation for lawsuits, especially since rumors about Vioxx being linked to heart attacks and strokes. The New England Journal of Medicine published an editorial in the wake of the withdrawal saying that Merck had concealed information about increased heart attacks suffered by those on the medication and in August 2005 a Brazoria County judge awarded $253 million in the country's first Vioxx trial. Vioxx's prospects did not look good.
Merck's Battle-all-the-way Legal Strategy In Vioxx Cases Seems To Be Paying Off
However, Merck's strategy of taking every Vioxx suit to court has led to more victories for the company than losses. "You can never predict what one individual jury will do — there are some ups and downs — but we like our chances before a jury,” said Ted Mayer, who is supervising Merck's Vioxx litigation. “We do believe strongly in our message. We're encouraged that some of the juries are responding.” Merck's wins have come from cases where Vioxx use was not consistent or for a long duration. Because heart attacks can be caused by many factors, Merck has better chances of winning court causes than, for example, asbestos cases, because asbestos exposure has a more signature effect.
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