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Texas widow awarded $253 million in first Vioxx wrongful death suit


“One death in my life would make a difference. Why wouldn't it make a difference to them?” – Juror Derrick Chizer

That was the sentiment of most of the jurors, who voted 10-2 to award $253 million to a Texas woman whose husband had died as a result of taking Merck’s painkiller. This was the first Vioxx wrongful death suit heard in U.S. court, which concluded in August 2005. Most of the award ($229 million) was in the form of punitive damages. However the total amount to be actually awarded is likely closer to $26 million, since Texas law has caps on punitive damages.

But that may not have been the point. Jurors hearing the Vioxx wrongful death case were likely swayed more by the actions of the company than the actual facts presented. Some legal experts have predicted the decision may even be overturned since the cause of death was listed as “heart arrhythmia” – unlike heart attack or blood clots there has not been a direct connection made between this condition and Vioxx. During trial though, the coroner who had performed the autopsy stated that since she was not aware of any connection between Vioxx and cardiovascular problems during her 2001 exam, she did not specifically look for blood clots, which may have been present.

This tenuous connection between Vioxx and the death of the victim may be more a case of wrongful death by association. In other words, although the jury may not have been convinced that there was direct proof of the link, the important thing for them was that Merck went to extreme lengths to cover-up the fact that there was a connection between Vioxx and heart problems. If they had warned the public earlier – or even stopped the drug from reaching the market – the victim in the case may have been still alive.

In fact, although the $229 million seems like an arbitrary amount of money to award, it comes directly from some of the evidence presented at trial. Lawyers for the plaintiff submitted seven million documents into evidence including internal Merck e-mails, memos, and reports relating to Vioxx. Obviously they could only highlight some of the references to support their wrongful death suit.

Among these highlights was an e-mail that speculated how much Merck would save if they delayed adding warning labels to Vioxx. That amount: $229 million. Although it is unclear what the motivations were behind the e-mail (for example, if this was a simple accounting prediction or an actual plan to stall the FDA), it is obviously a number that stuck with the jury. In their minds, this seems to be the proof of wrongful death.

“We wanted to make a statement,” juror Lorraine Blas told The Early Show about the decision they reached in the wrongful death suit. “We wanted to let all the companies know that they can't do this. It's not right. You can't hide information. You have to give all the information.”

If someone you love has died as a result of negligence on someone else’s part, contact a Vioxx lawyer at Jim S. Adler & Associates to see what your rights are. Even if criminal or other charges have not been laid, you may still have the right to seek – and be awarded – compensation in a civil court. Let us walk you through the process and inform you of your rights before you make a decision. Click on the link below or call us directly to learn more about your wrongful death suit in a free case assessment, and find out how Jim S. Adler & Associates can help.

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