Re: Vioxx lawsuit....any bets on this outcome?

[Guest guest]

My sister took Vioxx for 4 years, now gets out of breath, lips turn blue

when she exerts herself, and sometimes she has heart pain.

Lynda

At 12:05 AM 8/22/2005, you wrote:

>So here we are again.....can anyone guess what is going to happen on

>appeal with this one?

>I can take a good guess...there's a good chance it will look like the

>breast implant litigation all over again...

>

><http://news./s/nm/health_merck_vioxx_dc>http://news./s/nm/he\

alth_merck_vioxx_dc

>Texas Jury awards $253 mln in Vioxx trial

>

>By Matt Daily Fri Aug 19, 6:34 PM ET

>

>ANGLETON, Texas (Reuters) - A Texas jury on Friday found drug maker Merck

> & Co. Inc.

>(NYSE:<http://us.rd./dailynews/finance/nm/bs_nm/storytext/health_merck\

_vioxx_dc/16156331/*http://finance./q?s=mrk & d=t>MRK

>-

><http://us.rd./dailynews/biz/nm/bs_nm/storytext/health_merck_vioxx_dc/\

16156331/*http://biz./n/m/mrk.html>news)

>negligent in the death of a man taking its popular

>painkiller <http://search.news./search/news/?p=Vioxx>Vioxx

>and awarded his widow $253 million in the first of thousands of Vioxx

>lawsuits to go to trial.

>The stunning verdict was certain to be greatly reduced under Texas law,

>but Merck's stock fell sharply as investors feared it could set a

>precedent for more than 4,200 lawsuits charging that the company hid the

>drug's' health risks.

>

>Merck pulled the drug off the market in September last year, saying its

>long-term usage could double users' risks of heart attack or stroke.

>

>Merck shares fell $2.35, or 7.73 percent, to $28.06 and put a damper on

>the Dow, which ended up just 4.3 points to 10559.23.

>

>The case filed by widow Carol Ernst charged that Vioxx had caused her

>husband, Ernst, a 59-year-old marathoner, to die of a heart attack

>in 2001.

>

>Merck disputed the accusation, saying Ernst died of irregular heartbeat

>and clogged arteries, but the 12-member jury in Texas state court awarded

>$24 million to Carol Ernst for mental anguish and loss of companionship

>and $229 million in punitive damages.

>

>Merck attorney Skidmore said the company would appeal the

>decision, but estimated that even if it is upheld the punitive damages

>would be trimmed to less than $2 million.

>

>Texas law limits punitive awards to two times economic damage -- in this

>case $450,000 -- plus up to another $750,000. There is no financial limit

>for loss of companionship and mental anguish.

>

>At the reading of the verdict in the six-week-long trial, the courtroom

>erupted in an uproar and Ernst broke into tears. Her lawyer, Mark Lanier,

>leaped up and shouted " Amen. "

>

> " They knew and could see what the truth was, " she told reporters.

>

>Lanier urged Merck to settle the pending Vioxx lawsuits, not fight them.

>

> " Merck sure ought to come to the table and accept its responsibility, " he

>said. Lanier vowed to file more lawsuits against Merck and " pound them again. "

>

>Merck general counsel Frazier said the company believes it has

> " strong points to raise on appeal " and would fight on, not settle.

>

> " There are other Vioxx cases coming to trial, and we will vigorously

>defend them one by one over the coming years, " he said.

>

>Skidmore said Merck's appeal would be based on, among other things,

>scientific arguments.

>

> " There is no reliable scientific evidence that shows Vioxx causes cardiac

>arrhythmia, which an autopsy showed was the cause of Mr. Ernst's death, "

>he said.

>

>Juror Derick Chizer, 43, said the jury, which deliberated almost two days,

>knew their award would probably be cut, but felt Merck needed a jolt to

>change its ways.

>

> " That ($229 million award) was a message to them, " he said.

>

>The arthritis drug had been taken by about 20 million people at the time

>of its recall and contributed more than $2.5 billion in sales for Merck in

>2003, about 10 percent of the company's total revenue.

>

>Vioxx is the trade name for rofecoxib, part of a class of drugs

>called <http://search.news./search/news/?p=NSAIDs>NSAIDs. A

>type of painkiller known as a COX-2 inhibitor, it was touted as a pain and

>inflammation reliever that did not cause ulcers or gastrointestinal

>bleeding, a side effect of many NSAIDs.

>

>Due to the pending lawsuits, Merck, based in Whitehouse, New Jersey, said

>at the end of last year it had set aside $675 million to help cover legal

>costs.

>

>Wall Street analysts, who have been closely watching the case in Angleton,

>a small town about 40 miles south of Houston, say Merck's liability in all

>the cases could run into billions of dollars.

>

> " It's clearly a 10- to 12-year problem, " said LeCroy, an analyst at

>Natexis Bleichroeder. " It will cost them at least $1 billion a year for

>the next 10 years. "

>

>Lawyer Jerry Reisman, a class action attorney in Garden City, New York,

>said the case also may prompt many more lawsuits.

>

> " If the Ernst family is successful in this suit, Merck will find others

>piling on and joining class action suits, " he said.

>

> " This case can send shock waves through the pharmaceutical industry. "

>(Additional reporting by Davies and Herb Lash in New York, Deena

>Beasley in Los Angeles, Erwin Seba and Mark Babineck in Houston)

>

>__________________________________________________

>

[Guest guest]

That's so sad, Lynda. I hope she is off it now and trying to

reverse the damage, if she can. I hope that there are ways to heal

from this exposure. Each time I hear of stuff like this, my

objection to pharmaceuticals just gets stronger and stronger.

Everybody wants to find magic in a pill...I just don't believe there

is such a thing.

I know certain drugs are needed for certain conditions (as in an

acute bacterial infection or life threatening infections), but for

chronic conditions, drugs scare me. I think they do more damage in

the long term, for such short term benefits.

Patty

> >So here we are again.....can anyone guess what is going to happen

on

> >appeal with this one?

> >I can take a good guess...there's a good chance it will look like

the

> >breast implant litigation all over again...

> >

>

><http://news./s/nm/health_merck_vioxx_dc>http://news..

com/s/nm/health_merck_vioxx_dc

> >Texas Jury awards $253 mln in Vioxx trial

> >

> >By Matt Daily Fri Aug 19, 6:34 PM ET

> >

> >ANGLETON, Texas (Reuters) - A Texas jury on Friday found drug

maker Merck

> > & Co. Inc.

> >

(NYSE:<http://us.rd./dailynews/finance/nm/bs_nm/storytext/he

alth_merck_vioxx_dc/16156331/*http://finance./q?

s=mrk & d=t>MRK

> >-

>

><http://us.rd./dailynews/biz/nm/bs_nm/storytext/health_merc

k_vioxx_dc/16156331/*http://biz./n/m/mrk.html>news)

> >negligent in the death of a man taking its popular

> >painkiller <http://search.news./search/news/?

p=Vioxx>Vioxx

> >and awarded his widow $253 million in the first of thousands of

Vioxx

> >lawsuits to go to trial.

> >The stunning verdict was certain to be greatly reduced under

Texas law,

> >but Merck's stock fell sharply as investors feared it could set a

> >precedent for more than 4,200 lawsuits charging that the company

hid the

> >drug's' health risks.

> >

> >Merck pulled the drug off the market in September last year,

saying its

> >long-term usage could double users' risks of heart attack or

stroke.

> >

> >Merck shares fell $2.35, or 7.73 percent, to $28.06 and put a

damper on

> >the Dow, which ended up just 4.3 points to 10559.23.

> >

> >The case filed by widow Carol Ernst charged that Vioxx had caused

her

> >husband, Ernst, a 59-year-old marathoner, to die of a

heart attack

> >in 2001.

> >

> >Merck disputed the accusation, saying Ernst died of irregular

heartbeat

> >and clogged arteries, but the 12-member jury in Texas state court

awarded

> >$24 million to Carol Ernst for mental anguish and loss of

companionship

> >and $229 million in punitive damages.

> >

> >Merck attorney Skidmore said the company would appeal

the

> >decision, but estimated that even if it is upheld the punitive

damages

> >would be trimmed to less than $2 million.

> >

> >Texas law limits punitive awards to two times economic damage --

in this

> >case $450,000 -- plus up to another $750,000. There is no

financial limit

> >for loss of companionship and mental anguish.

> >

> >At the reading of the verdict in the six-week-long trial, the

courtroom

> >erupted in an uproar and Ernst broke into tears. Her lawyer, Mark

Lanier,

> >leaped up and shouted " Amen. "

> >

> > " They knew and could see what the truth was, " she told reporters.

> >

> >Lanier urged Merck to settle the pending Vioxx lawsuits, not

fight them.

> >

> > " Merck sure ought to come to the table and accept its

responsibility, " he

> >said. Lanier vowed to file more lawsuits against Merck and " pound

them again. "

> >

> >Merck general counsel Frazier said the company believes

it has

> > " strong points to raise on appeal " and would fight on, not settle.

> >

> > " There are other Vioxx cases coming to trial, and we will

vigorously

> >defend them one by one over the coming years, " he said.

> >

> >Skidmore said Merck's appeal would be based on, among other

things,

> >scientific arguments.

> >

> > " There is no reliable scientific evidence that shows Vioxx causes

cardiac

> >arrhythmia, which an autopsy showed was the cause of Mr. Ernst's

death, "

> >he said.

> >

> >Juror Derick Chizer, 43, said the jury, which deliberated almost

two days,

> >knew their award would probably be cut, but felt Merck needed a

jolt to

> >change its ways.

> >

> > " That ($229 million award) was a message to them, " he said.

> >

> >The arthritis drug had been taken by about 20 million people at

the time

> >of its recall and contributed more than $2.5 billion in sales for

Merck in

> >2003, about 10 percent of the company's total revenue.

> >

> >Vioxx is the trade name for rofecoxib, part of a class of drugs

> >called <http://search.news./search/news/?

p=NSAIDs>NSAIDs. A

> >type of painkiller known as a COX-2 inhibitor, it was touted as a

pain and

> >inflammation reliever that did not cause ulcers or

gastrointestinal

> >bleeding, a side effect of many NSAIDs.

> >

> >Due to the pending lawsuits, Merck, based in Whitehouse, New

Jersey, said

> >at the end of last year it had set aside $675 million to help

cover legal

> >costs.

> >

> >Wall Street analysts, who have been closely watching the case in

Angleton,

> >a small town about 40 miles south of Houston, say Merck's

liability in all

> >the cases could run into billions of dollars.

> >

> > " It's clearly a 10- to 12-year problem, " said LeCroy, an

analyst at

> >Natexis Bleichroeder. " It will cost them at least $1 billion a

year for

> >the next 10 years. "

> >

> >Lawyer Jerry Reisman, a class action attorney in Garden City, New

York,

> >said the case also may prompt many more lawsuits.

> >

> > " If the Ernst family is successful in this suit, Merck will find

others

> >piling on and joining class action suits, " he said.

> >

> > " This case can send shock waves through the pharmaceutical

industry. "

> >(Additional reporting by Davies and Herb Lash in New York,

Deena

> >Beasley in Los Angeles, Erwin Seba and Mark Babineck in Houston)

> >

> >__________________________________________________

> >

[Guest guest]

what is really weird here is that is what they gave me after my explant when I developed costochrondritis (inflammation of the ribs/cartildge) - Vioxx. I took it for at least 2 months while I was trying to get over the rib pain.... of course that was before they realized it caused issues and took it off the market... kind of scary.

shari

[Guest guest]

They gave it to me too. It was to help with my fibromyalgia. I took it for about two weeks and my feet blew up like balloons so I stopped taking it. It never really helped with my aches and pains.

Kendalhalvey70@... wrote:

what is really weird here is that is what they gave me after my explant when I developed costochrondritis (inflammation of the ribs/cartildge) - Vioxx. I took it for at least 2 months while I was trying to get over the rib pain.... of course that was before they realized it caused issues and took it off the market... kind of scary.shari

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