Published in State and Local Health Law Weekly, June 5th, 2008
The Texas Fourth Court of Appeals reversed the jury's verdict and rendered a judgment in favor of Merck. The jury's original verdict on April 21, 2006 included $7 million in compensatory damages and $25 million in punitive damages for a total of $32 million against Merck. On Dec. 21, 2006, the punitive award was reduced to $750,000 in compliance with Texas statutory caps.
In today's unanimous opinion, Justice Sandee Bryan Marion wrote, "Even viewing all the evidence in the...
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