A Texas appeals court has overturned the multimillion-dollar verdict against Merck & Co. in a Vioxx case. In April 2006, a jury in Rio Grande City, Texas, awarded $32 million to the widow of 71-year-old Leonel Garza, a short-term Vioxx user, who died of a heart attack in 2001. That award – $7 million for compensatory damages and $25 million for punitive damages – was reduced to about $7.75 million under Texas law limiting damages. A three-judge panel of the Texas Court of Appeals for the Fourth Circuit overturned the verdict, ruling in favor of Merck.
The judges wrote that Garza’s family did not prove that his brief use of Vioxx caused two blood clots that the family contended triggered the man’s heart attack. The judges also concluded the family did not provide sufficient evidence to rule out his long-standing heart disease as the cause of his fatal heart attack. Mr. Garza had a prior heart attack and heart bypass surgery, smoked for nearly 30 years and died of the second heart attack after taking Vioxx for less than a month.
Source: Associated Press
Contact us today for a free legal consultation with an experienced attorney.
Fields marked *may be required for submission.
If you would like to subscribe to the Jere Beasley Report digital edition, simply visit our Subscriptions page and provide the necessary information or call us at 800-898-2034.
Attorney Advertising - Prior results do not guarantee a similar outcome.