A Vioxx Verdict For Merck Is Reversed In Texas
5 CommentsBy Ed Silverman // December 10th, 2008 // 5:34 pm
A Texas state appeals court today reversed its earlier decision that a $7.75 million Vioxx verdict was based on insufficient evidence and remanded it for further proceeding in light of alleged juror misconduct, according to Mealey’s Litigation Report.
The Fourth Court of Appeals’ reversal centered on whether the surviving family of 71-year-old Leonel Garza proved that Vioxx, and not his existing risk factors, caused his heart attack and death in 2001. In its May 14 decision, the court ruled the plaintiffs had not proven their case (back story).
The court also addressed an earlier controversy - the relationship between a juror who was a school custodian and plaintiff Felicia Garza, who taught at the same school. Garza had allegedly loaned the juror a total of $12,700 interest-free in seven loans since 2000. When questioned, juror Jose Manuel Rios said only that he knew Garza “from school” and did not admit to the loans, Mealey’s writes.
“The last loan, for $2,500, was made in July 2005, just six months before trial,” the court said. “Also, following the verdict, Merck discovered several calls from Rios’s cell phone to Mrs. Garza’s telephone: one within days of Rios’s receipt of the jury summons; another the night before jury selection; and four calls on the day after Merck filed a post-trial motion to take Rios’s deposition. Rios voted with the 10-2 majority in rendering a verdict against Merck.”
The court said the trial judge’s failure to find juror misconduct was an abuse of discretion and remanded the case for further proceeding. A jury had awarded $7 million in compensatory damages to Garza and her three sons and $25 million in punitive damages, which was later reduced to $750,000 based on a statutory state cap, but compensatory award was left standing. Merck appealed, and the plaintiffs cross-appealed.
UPDATE: A Merck spokesman sent us this statement: “We are disappointed with the court’s opinion because we continue to believe that plaintiffs did not meet the legal burden for causation in Garza v. Merck. We are considering our options for appeal regarding this portion of the court of appeals judgment. We are pleased that the court correctly ruled that jury misconduct did occur in this case so that at a minimum, a new trial will be required.”
VICTIM 47,987
MAYBE THE COURT WILL PULL IT’S HEAD OUT AND SINK THIS BULLSHIT SETTLEMENT,AND DO WHAT IS RIGHT. COMPENSATE THE VICTIMS FAIRLY!!!
Vioxx Plaintiff
Vioxx is a killer drug and injured many people and all with Mercks knowledge. The company knew about vioxx causing strokes and heart attacka and did nothing except collect money. Shame on the company and the CEO Gilmartin, he should be put in prison. Or bette yet made to take Vioxx.
Christina
I am one family memeber in the pool for the Vioxx Settelement that is supposed to be paid out to us in February, which SUPRISE is looking like it’s not going to happen b/c they are moving so slowly with the cases. I also have to say the amt of money my family will receive is not nearly enough for what this company did to people! My grandfather…which was like my father as I lost my father when I was only 10 so he stepped in was older but all and all not a sickly man….was not even taking vioxx for a couple months and suffered a stroke…WHICH ENDED UP KILLING HIM! This happened in April of 2001 @ that time we didn’t know that this poison was the culprit of what happened and thought it was something that just happened. I sit here now…years later and cry a bit because if there was any possible way for me to get my grandfather back instead of ANY AMOUNT OF MONEY I WOULD! But that is not possible….this company needs to pay for the damage that they have caused…it is unthinkable and now I have lost such a special person and my children (which are his great grandchildren) have also because they have nothing on their mind but money and greed….I hope the stupid drug co end up going belly up sometime….it makes me sick!
Keith ATL-L-14475-06 #615
I have submitted my Merck Vioxx story, and encourage you to do tge same, to: COP.Senate.Gov/contact
The Senate investgative committee should review this class action case, as it involves one (Dr.) senators, and as stated by Senator Charles Grassley, other research scientist, influence peddling. Stistacally, Merck lied, in order to market a known toxic product.
Keith
Keith ATL-L-14475-06 #615
For referring to this case as genocide for profit my attorney withdrew, leaving me to represent myself pro se in court. Anyone who knows an attorney who will represent me can contact me by email through this sight. I have a favorable report from Dr. Peter S.
Also in court 2-25-09, a $190,000 settlement was agreed to; but Merck did not honor it by so stipulating that amount in the agreement. Therefore, I would not sign; time is of the essence with December 4, 2009 motion deadlines; and January 8 deadline for trial outlines.
Keith