Vioxx caused Texas man’s death; Merck & Co. required to pay $253 million

Friday, August 19th, 2005.

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Of Note:

  • Actual damages: $24.4 Million
  • Punitive Damages: $229 Million
  • $229 Million is the amount Merck made in sales of Vioxx from Oct. 2001, when FDA suggested the label change, to the February 2002 change.
Vioxx.

After two days of deliberation, a Texas jury awarded $24.4 million in actual damages and $229 million in punitive damages to the family of Robert Ernst, who died of a heart attack in 2001 after taking the painkiller and arthritis drug, Vioxx. The amount of punitive damages, $229 million, is the equivalent amount Vioxx maker Merck & Co. made on the drug in the four months between October 2001 and February 2002, the time between an FDA request to add a warning of cardiovascular events to Vioxx’s labeling and Merck’s addition of the warning. The request came as a result of a 2000 study that showed Vioxx users suffered five times as many heart attacks as those who took the older painkiller, naproxen.

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