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Vioxx Verdict: Juries
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The jury in the current federal Vioxx trial has returned a verdict in favor of the plaintiff in the amount of $50,000,000. That is for actual damages. The jury will now deliberate on the punitive damages portion of the verdict.
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Richard Epstein rebukes the Texas jury that turned a tenuous causal connection and their resentment of pharmaceutical companies into an absurd (and illegal) quarter-billion-dollar Vioxx verdict aimed at "sending a message." Even reduced to a mere $25 million, says Epstein, the award spells doom for pharmaceutical innovation:
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In the second-largest Vioxx verdict to date, a federal jury in New Orleans awarded $51 million to a 62-year-old retired FBI agent who suffered a heart attack after taking the pain-killer Vioxx for 2 1/2 years. The damages portion of the case will be retired.
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According to an article on Bloomberg, the jury in the current New Jersey Vioxx case came in with a split verdict -- $45 for one claimant, and $4.5 million for the other. Here are excerpts from the article:
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A jury reached a $9 million verdict today regarding the punitive damages phase of the latest Vioxx Trial involving John McDarby and his wife. This verdict comes just days after the same jury awarded John McDarby and his wife $4.5 million in compensatory damages for his related heart attack while using Vioxx. Tuesday's verdict brings the total award to $13.5 million for the couple.
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The $51 million verdict is the second largest Vioxx verdict to date, surpassed only by $253 million awarded last year by a state court jury in Texas. It was ... the only plaintiffs' victory in the four Vioxx trials held so far in federal court, which is considered a tougher venue for the plaintiffs because of strict rules of evidence that can restrict witness lists and exhibits.
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