May 30, 2008 - Courts Set Aside Vioxx Awards

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A Texas appeals court rejected a $26.1 million jury award over the pain reliever Vioxx.  The judge commented that Carol Ernst failed to prove that the drug caused her husband’s death.

Vioxx was taken off the market in 2004 by the drug’s manufacturer, Merck, after it was shown to cause an increased risk of heart attack and stroke.

The ruling from the 14th Texas Court of Appeals was handed down on the same day that a New Jersey court set aside a 2006 verdict against Merck.

The plaintiff’s attorney expressed his client’s intent to appeal the verdict, all the way to the Supreme Court, if necessary. "Activist judges are protecting corporate executives and stripping away the rights of widows and every other victim of corporate misconduct. We are filing an appeal," he said.

"This decision was handed down by a group of judges who regularly accept campaign contributions from law firms representing corporations that appear in their courts," Ernst’s attorney added.