|
WHITEHOUSE STATION, N.J., Aug. 19, 2005 -
Merck & Co., Inc. is disappointed a state court jury in
Brazoria County, Texas, returned a verdict in favor of the
plaintiff in the VIOXX® product liability lawsuit Ernst v.
Merck. Merck will appeal the verdict.
"We believe that the plaintiff did not meet the standard
set by Texas law to prove VIOXX caused Mr. Ernst's death,"
said Jonathan Skidmore of Fulbright & Jaworski, a member of
Merck's defense team. "There is no reliable scientific
evidence that shows VIOXX causes cardiac arrhythmias, which
an autopsy showed was the cause of Mr. Ernst's death, along
with coronary atherosclerosis."
"This case did not call for punitive damages," added
Skidmore. "Merck acted responsibly - from researching VIOXX
prior to approval in clinical trials involving almost 10,000
patients - to monitoring the medicine while it was on the
market - to voluntarily withdrawing the medicine when it
did."
Merck is examining various bases for appeal, including:
-
Allowing opinion testimony to be given to the jury
by unqualified experts,
-
Allowing opinion testimony that was not based on a
reliable scientific basis as required by Texas law,
-
Allowing evidence with no relevance to the issues of
the case, which unfairly prejudiced the jury, and
-
Allowing undisclosed surprise witness and expert
testimony contrary to Texas law.
"We believe that we have strong points to raise on appeal
and are hopeful that the appeals process will correct the
verdict," said Kenneth C. Frazier, senior vice president and
general counsel of Merck. "Our appeal is about fundamental
rights to a fair trial."
"There are other VIOXX cases coming to trial and we will
vigorously defend them one by one over the coming years,"
Frazier added.
About Merck
Merck & Co., Inc. is a global research-driven pharmaceutical
company dedicated to putting patients first. Established in
1891, Merck discovers, develops, manufactures and markets
vaccines and medicines in more than 20 therapeutic
categories. The company devotes extensive efforts to
increase access to medicines through far-reaching programs
that not only donate Merck medicines but help deliver them
to the people who need them. Merck also publishes unbiased
health information as a not-for-profit service. For more
information, visit
www.merck.com. |