Heart Attack
N.J. VIOXX Product Liability Trial Proceeds to Second Phase
Published in Drug Law Weekly, March 20th, 2007
Following the first phase of a two-plaintiff, two-phased trial that the Court itself described as "something new," a state court jury in Atlantic City, N.J., today found that Merck & Co., Inc. did not fail to provide an adequate warning to prescribing physicians about an increased risk of heart attacks from VIOXX prior to September 2002, but did fail to do so prior to September 2001. At the same time, the jury found that the Company violated a state consumer statute, but has not yet assessed damages.
As a result of the Merck verdict, one of the two plaintiffs, Kathleen Hermans Messerschmidt, who filed suit on behalf of her brother, Brian M. Hermans, will not be able to...
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Source: Drug Law Weekly (2007-03-20)
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