Merck To Pay $9 Million In Punitive Damages

A New Jersey Court ordered Merck to pay $9 million in punitive damages to a 77-year-old man, John McDarby, after it was found that Vioxx contributed to his heart attack. McDarby had already been awarded $4.5 million compensatory damages. Merck says it will appeal against both awards (for Compensatory and Punitive Damages).


McDarby took Vioxx for four years, he is now confined to a wheelchair.


Merck's lawyer said the evidence is that Merck acted ethically and in a responsible manner. He said the jury heard irrelevant and prejudicial information from the plaintiffs' attorneys.


(Plaintiff = The person seeking compensation. The person who is suing)

(Attorney = Lawyer)


Vioxx came off the market in 2004 after it was found to be linked to raised heart attack risks. It is an anti-inflammatory drug, used as a painkiller. It was popular among patients with arthritis.


New Jersey law states that Punitive Damages can be awarded to a total that is five times the size of the Compensatory Damages. The Punitive Damages could have gone up to $22.5 million. Legal experts are saying that an award of $9 million means the jury believes Merck withheld information on purpose.


Merck's legal team say McDarby did not prove Vioxx was a major contributory factor in his heart attack. So far, there have been five cases against Merck in the USA (regarding Vioxx). The company has lost two of those five cases. There are over nine thousand cases to go. Even if Merck loses just 10% of cases, this would mean 900 awards for punitive and compensatory damages. The total amount to be paid out could be staggering.


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View drug information on Vioxx.