Merck’s Vioxx decision overturned

Merck has won an appeal against a court ruling that its drug Vioxx was responsible for a man’s death in Texas.

Carol Ernst brought the case against Merck after her husband Robert died in 2001 after taking Vioxx; the appeals court found that her lawyers had not proved Vioxx caused Mr Ernst’s death.

The company won two separate court appeals; the other stated that a New Jersey jury should not have been permitted to award punitive damages against Merck or to find that it had committed consumer fraud

Bruce Kuhlik, Merck’s general counsel, told the New York Times (NYT): “Our faith in the judges and the fairness of the process has been well placed.”

The NYT suggested that these rulings are demonstrative of how hard it is to take Big Pharma to court.

Merck has voluntarily removed the drug from the market after about 20 cases went to court, despite winning all but three.

The company has almost 60,000 employees worldwide, including in the UK.