MSD to appeal Vioxx verdict

Merck, Sharp and Dohme (MSD) has announced that it is to appeal the recent decision of a New Jersey state court assessing punitive damages and compensation to Frederick Humeston.

In September 2001, Mr Humeston experienced a heart attack which he claims resulted from his use of MSD drug Vioxx. The verdict from the state court followed a two-plaintiff multi-phased trial whose first phase ended last week.

MSD comments that a jury had previously found that the company had acted responsibly in this case and alleges that the unusual structure of the recent trial could result in confusion and bias.

Kenneth C Frazier, executive vice president and general counsel of the firm, said: “We believe that the punitive damages assessed today by the jury are uncalled for because MSD acted appropriately in providing information to the medical, scientific and regulatory communities in a responsible and appropriate manner.”

He added that as a result of differing circumstances in all cases from plaintiffs involving Vioxx, each must be treated individually.

Earlier this month, the New Jersey court reported that prior to September 2002, MSD had not failed to provide a warning to doctors regarding the increased risk of heart attacks as a result of using Vioxx, but that the company had failed to do so prior to September 2001.