MSD reports victory in Vioxx product liability case

In the latest product liability trial relating to the nonsteroidal anti-inflammatory drug Vioxx, Merck, Sharp and Dohme (MSD) has announced that it has won the case in a Florida circuit court.

The court found in favour of the company in the case of Kozic v Merck – the first to go to trial in the state of Florida – with the jury deciding that the company was not liable for the heart attack suffered by Refik Kozic in April 2001.

Mr Kozic, then 50 years of age, had used Vioxx for nine weeks prior to his heart attack.

In Vioxx cases, MSD has now won the decision of juries on 11 occasions – with the judge setting aside one of these verdicts – with plaintiffs winning five cases, while there have also been two mistrials.

Mike Brock of Rushton, Stakely, Johnston & Garrett, outside counsel for the company, said: “We believe the evidence showed that Merck acted responsibly and that VIOXX was not the cause of Mr Kozic’s heart attack.”

He added that the firm believed that Mr Kozic’s heart attack was a result of the cardiovascular disease suffered by the plaintiff over an extended period of time.

In March 2007, MSD argued that health insurance companies should not be permitted to sue the firm for money spent on prescriptions for Vioxx, which has since been withdrawn from sale.