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In Advance Of Potential Class Action Trials, Merck’s Vioxx Defense Team Secures Another Victory

On July 13, 2006, Merck’s defense team convinced a New Jersey jury that it was not responsible for the 68-year-old plaintiff’s heart attack – securing an important victory in advance of potential trials in the class action cases that have been filed in Vioxx cases. By our count, Merck has taken 6 Vioxx cases to trial (all against individuals): it has prevailed in three (3), it has lost two (2), and it “split” the sixth (the case involved two plaintiffs; Merck won as to one of the plaintiffs and lost as to the other). Merck’s class action defense has focused on the unique factual questions presented by each individual claim – a defense strengthened by the wide range of jury verdicts and jury findings.

NOTE: Vioxx has been off the market since September of 2004, following a study that found a statistical connection between long-term use of Vioxx and increased incidence of strokes and heart attacks.