Merck has announced that a state court jury in New Jersey found in its favor, rejecting the claims of a patient who blamed her heart attack on nearly three years of Vioxx use. In rendering its verdict, the jury found that Merck acted responsibly in informing the medical community about the benefits and risks of the FDA-approved drug.
The verdict marks the third time in four cases that a New Jersey jury found in Merck's favor on a plaintiff's product liability claim. In this case, Merck presented evidence that it carefully studied Vioxx before and after FDA approval, and consistently made the results of those studies available to the FDA and the medical community.
The jury also found in Merck's favor on the plaintiff's consumer statute claim, specifically finding that Merck did not mislead consumers in its marketing efforts.