The Texas VIOXX Case: Ernst v. Merck & Co., Inc.
About the Case
The Ernst case is the first of over 3,800 state and federal lawsuits filed against Merck & Co., Inc. to go to trial over the hugely profitable prescription drug Vioxx (rofecoxib). Despite its incredible popularity and $2.5 billion a year sales, Merck voluntarily withdrew Vioxx from the market in September 2004 when the painkiller was shown to double the risk of Heart Attack (myocardial infarction) and Stroke (cerebrovascular accident or "CVA").
The lawsuit against Merck claims that the prescription pain medicine caused the death of Robert Ernst, a 59-year-old triathlete from Keene, Texas, near Fort Worth. Mr. Ernst had been taking Vioxx for 8 months prior to his death to ease pain and stiffness in his hands. Mr. Ernst died suddenly from cardiac arrhythmia (irregular heartbeat) in 2001, eight days after he rode in a 100k (62 mile) bicycle race.
About Robert Ernst
By all accounts, Mr. Robert Ernst was a very special man. At 59, he ran marathons, was a triathlete, taught aerobics, and was a loving husband and father of two grown children. Mr. Ernst’s widow, Mrs. Carol Ernst, with whom he regularly rode a bicycle for two, is convinced that Vioxx caused her husband’s death. She contends that Merck knew that Vioxx could be lethal years before it pulled their $2.5 billion per year cash cow off the market, coldly and calculatingly putting profits before people.
About Vioxx
In May 1999, Vioxx
(rofecoxib)
was approved by the FDA to treat arthritis and other types of pain and Merck introduced Vioxx to the market.
By 2003, about 20 million people taking Vioxx each year and gross sales for Merck were in the neighborhood of $2.5 billion ($2,500,000,000.00).
In September 2004, long-term studies of Vioxx had to be shut down when it was shown that Vioxx doubled the normal risk of heart attack and stroke (CVA). Only then did Merck finally voluntarily withdraw Vioxx from the market
Currently, there are over 3,800 state and federal Vioxx lawsuits pending against Merck & Co., Inc.. The Ernst case is the first case Vioxx case to go to trial.
On August 19, 2005, the Angelton, Texas jury found Merck & Co., Inc. negligent and responsible for the wrongful death of Robert Ernst and awarded his widow $253.4 million in damages.
Merck is appealing the verdict.
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January 5, 2006 (Mark Lanier, Texas Vioxx Case Lawyer)
Attorney Mark Lanier to Persue State Court VIOXX Trials, A state jury in Atlantic City, New Jersey ruled in November that Merck wasn't responsible for the heart attack of a postal worker who took the drug for about two months. In December, a federal jury in Houston deadlocked over whether a Florida man's use of the drug for about a month led to his fatal heart attack. The case is set to be tried again in February. Mark Lanier, a Houston attorney who won the first Vioxx verdict against Merck, said the company's vow to try all suits over the painkiller is forcing plaintiffs' lawyers to pursue state court trials. Lanier is set to try the next one, in New Jersey starting Feb. 27. ``I have 2,000 Vioxx cases that I need to get to trial,'' Lanier said. ``If there are problems with getting them tried in federal court, I have to move forward in all possible courts.''
December 13, 2005 (Mark Lanier, Texas Vioxx Case Lawyer)
Merck Faces Lawyer Who Beat Them Before in Next Vioxx Trial, (Bloomberg) -- Merck & Co., after one win, one loss and one mistrial in defending lawsuits over its Vioxx painkiller, will next face the lawyer who beat the company and the first victim who used the drug long enough to risk a heart attack. Thomas Cona, a Vietnam War veteran who took Vioxx over a two-year period for lower-back pain, claims the drug caused his heart attack. Merck has said there is some risk of heart attack or stroke after at least 18 months of Vioxx use. Cona will be represented by Mark Lanier, the Texas lawyer who won the first case, which produced a $253 million verdict against Merck.
October 1, 2005
Merck Plans Appeal After Losing First Vioxx Verdict, Written By: Susan Konig,
Published In: Health Care News,
Publication Date: October 1, 2005. In August, a Texas jury found the pharmaceutical company Merck responsible for the death of a man who took the Cox-2 painkiller Vioxx for eight months. The verdict awarded $253.4 million to the man's widow. Merck will appeal the decision.
September 26, 2005
The Vioxx Story, Monday, September 26, 2005; Page A22, Regarding the accusations attorney Mark Lanier made in his Sept. 21 letter: Merck stands behind its scientific decisions and actions with respect to Vioxx. (Letter to the editor of the Washington Post from KENNETH C. FRAZIER, Senior Vice President and General Counsel, Merck & Co., Whitehouse Station, N.J.
September 1, 2005
Technology Breakdown: Strong Medicine For Drug Companies, By Russell de Pina, (September 1, 2005) Most of you are aware of the recent conclusion the first (of what could be many) product liability lawsuit brought against pharmaceutical giant Merck over its controversial pain (and potentially, people) killer, Vioxx. The jury in Angleton, TX found Merck liable for the death of a patient using Vioxx due to drug induced heart failure and awarded the widow $253 million. After the trial, Merck acknowledged that by the time the lawsuits (and there are 4000 cases pending), the company's liability could run close to $50 billion. Needless to say, Merck's stock (MRCK:NYSE) was subsequently hammered in the marketplace (in the aftermath of the verdict, Merck shares lost over $27 billion of their value).
August 31, 2005
FDA - Finally Protecting Customers?, Gary Feuerberg, The Epoch Times, Washington DC Staff, Aug 31, 2005, A state jury in Angleton, Texas, awarded $24.4 million in actual damages and $229 million in punitive damages in a lawsuit against Merck, the maker of Vioxx, for the cause of death of a 59-year-old Texas man, who died in his sleep after taking the once popular painkiller for eight months. The victim, Robert Ernest, would appear to have been the epitome of good health; he ran marathons and was an occasional personal trainer.
August 29, 2005
Vioxx verdict contains lessons for manufacturers, Article Last Updated: 08/29/2005 06:47:08 AM,
MERCK & Co. and other corporations and pharmaceutical companies should have gotten the message when a jury in Angleton, Texas, awarded $253.5 million to the widow of a man who claimed he died as a result of using the painkiller Vioxx.
August 26, 2005
Merck Says Some Vioxx Suits May Be Settled,
Aug 26 10:23 AM US/Eastern, By ELIZABETH A. KENNEDY,
Associated Press Writer, NEW YORK, Merck & Co. might consider settling some lawsuits over its painkiller Vioxx, whose links to heart trouble have spawned thousands of lawsuits and a $253 million jury verdict, a spokesman for the company's legal team said Friday.
August 25, 2005
Vioxx Case Tally Nearly 5,000 and Growing,
Aug 25 8:26 PM US/Eastern,By ADAM NOSSITER,
Associated Press Writer, NEW ORLEANS,The tally of lawsuits against Merck & Co. in state and federal court over its painkiller Vioxx is nearly 5,000 and growing, lawyers said in federal court here Thursday, less than a week after the drug maker suffered a stinging defeat in a state court in Texas.
August 22, 2005
Merck Ponders Grounds for Appeal in Wake of $253M Vioxx Verdict,
Monday August 22, 2:59 am ET,
Brenda Sapino Jeffreys, Texas Lawyer, A jury in Angleton, Texas on Friday returned a verdict awarding a total of $253.4 million in damages to the plaintiffs in the nation's first civil Vioxx trial against drug maker Merck & Co. Inc..
After deliberating for a day and a half, the jury found negligence on Merck's part was a proximate cause in the death of Robert Ernst, a 59-year-old Wal-Mart employee who died in 2001. The jury also found that a marketing defect in Vioxx and a design defect in the painkiller were both producing causes in Ernst's death.
August 20, 2005
A Breakdown of Damages in 1st Vioxx Trial,
Aug 20 3:02 AM US/Eastern, By The Associated Press,
Breakdown of damages awarded by a Texas jury in the first Vioxx-related lawsuit to go to trial in the country. The $253.4 millionaward is likely to be cut to no more than $26.1 million because Texas law caps punitive damages.
August 19, 2005
Jury Awards Widow $253.4M in Vioxx Trial, Aug 19 6:47 PM US/Eastern
ANGLETON, Texas. A Texas jury found pharmaceutical giant Merck & Co. liable Friday for the death of a man who took the once-popular painkiller Vioxx, awarding his widow $253.4 million in damages in the first of thousands of lawsuits pending across the country.
A seven-man, five-woman jury deliberated for 10 1/2 hours over two days before returning the verdict in a 10-2 vote. But the damage award is likely to be drastically cut to no more than $26.1 million because Texas law caps the punitive damages that made up the bulk of the total.
August 19, 2005
Merck liable in first Vioxx lawsuit --
Merck blamed for death in first Vioxx lawsuit -- jury awards $229 million in damages,
August 19, 2005: 2:56 PM EDT,
By Aaron Smith, CNN/Money staff writer,
NEW YORK (CNN/Money) - Merck has been held liable by a Texas jury in the first lawsuit involving its former blockbuster drug Vioxx, in a case that could have a profound effect on thousands of other cases filed against the company.
August 19, 2005
Jury In Vioxx Trial Rules Against Merck -- $253.4 million in damages,
UPDATED: 2:59 pm EDT August 19, 2005, ANGLETON, Texas -- A jury has found pharmaceutical giant Merck liable for the death of a Texas man who took the painkiller Vioxx.
August 19, 2005
Merck Is Found Liable for Texas Man's Death in Vioxx Trial,
Aug. 19 (Bloomberg) -- Merck & Co. must pay more than $253 million to the family of a Texas man who died after taking the company's Vioxx painkiller, a jury ruled in the first personal-injury case over the drug to come to trial.
August 19, 2005
Jury finds Merck liable in first Vioxx trial,
ANGLETON, Texas (AP) — A Texas jury found pharmaceutical giant Merck (MRK) liable or the death of a man who took the once-popular painkiller Vioxx,
Jurors awarded Robert Ernst's widow, Carol, $253.4 million in damages, which is a combination of his lost pay as a Wal-Mart produce manager, mental anguish, loss of companionship and punitive damages.
August 17, 2005
Jury to Deliberate in Vioxx Trial, August 17, 2005 4:30 p.m. EST, Christina Ficara - All Headline News Staff Reporter, Angleton, Texas (AHN) - A Texas jury will soon deliberate over whether the painkiller Vioxx is responsible the 2001 death ofa man. The jury received a cliff notes version of painkillers to facilitate a more educated decision.
August 17, 2005
Closing Arguments Begin in Vioxx Trial,
Wednesday August 17, 2005 8:46 PM, By KRISTEN HAYS, AP Business Writer, ANGLETON, Texas (AP) - Merck & Co. should have told doctors and consumers ``the good, the bad and the ugly'' about Vioxx long before pulling it from the market last year, a plaintiff's attorney said Wednesday in closing arguments in the nation's first civil trial involving the once-popular painkiller.
August 17, 2005
Texas Vioxx lawsuit set to go to jury, Wed Aug 17, 2005 8:22 PM ET, ANGLETON, Texas (Reuters) - Lawyers for Merck & Co. Inc. and the widow of a Texas man suing the company in the first civil lawsuit over the painkiller Vioxx ended their arguments on Wednesday, clearing the way for the jury to begin deliberations on Thursday.
August 12, 2005
First Vioxx civil trial winds down in Texas, Fri Aug 12, 2005 5:27 PM ET, ANGLETON, Texas (Reuters) - Arguments in the first civil trial against pharmaceutical company Merck & Co.'s painkiller Vioxx are expected to end next week, lawyers for the company and the plaintiff said on Friday.
August 11, 2005
Merck scientist says Vioxx heart risks weren't known, By Bloomberg News | August 11, 2005, WILMINGTON, Del. -- Merck & Co.'s painkiller Vioxx underwent rigorous testing that showed no evidence of heart risks before it went on the market, a company scientist said yesterday in the first trial over the drug.
August 10, 2005
Vioxx trial: Merck scientist says studies were not skewed, Aug. 10, 2005, 3:00PM, By Kristen Hays,
Associated Press, ANGLETON — Merck & Co.'s head of clinical trials denied today that the New Jersey pharmaceutical giant skewed studies to make the multibillion-dollar seller Vioxx appear safer than it was.
August 9, 2005
Former Merck CEO says Vioxx important to Merck's growth, August 9, 2005, 10:05 PM EDT, By Kristen Hays,
AP Business Writer, ANGLETON, Texas -- Vioxx was important to Merck & Co.'s future growth when the multibillion-dollar seller went on the market a year before patents began running out on several other lucrative drugs, former Merck CEO Raymond Gilmartin told jurors in the nation's first Vioxx-related civil trial via videotaped deposition Tuesday.
August 8, 2005
Baylor pathologist corroborates Merck in Vioxx case, By KRISTEN HAYS,
AP Business Writer, August 8, 2005, 7:16 PM EDT, ANGLETON, Texas, The head pathologist at Baylor College of Medicine told jurors Monday in the nation's first Vioxx-related civil trial the once-popular painkiller could not have caused a Texas man's death and that clogged arteries made him a "walking time bomb."
August 7, 2005
Merck scientist: No rush to market Vioxx, Posted 8/7/2005 8:51 PM, ANGLETON, Texas — Merck's former top scientist in charge of Vioxx studies bristled repeatedly Friday when pressed about whether the pharmaceutical giant's eye was on its bottom line in rushing the once-lucrative drug to market.
August 5, 2005
Ex-Merck Exec, Vioxx Plaintiff Lawyer Spar, Aug 5, 4:38 PM EDT, by Kristen Hays, AP Business Writer,
ANGLETON, Texas (AP) -- Merck & Co.'s former top scientist in charge of Vioxx studies bristled Friday when pressed about whether the pharmaceutical giant's eye was on its bottom line in rushing the once-lucrative drug to market.
August 3, 2005
Vioxx Trial Testimony Turns Emotional, 08.03.2005, 02:00 PM, Jurors accustomed to dry medical testimony in the nation's first Vioxx-related civil trial listened intently Wednesday as the stepdaughter of a Texas man whose family believes the drug caused his death described her mother's pain.
August 2, 2005
Merck and Company loses key point at Vioxx trial, August 2, 2005, ANGLETON, Texas A tough day for Merck and Company at the first liability trial involving its once popular drug Vioxx. Jurors in Texas watched videotaped testimony from a pathologist who said Robert Ernst more than likely died from arrhythmia caused by a heart attack while taking Vioxx. Vioxx was pulled from the market by Merck last September after a study found the painkiller doubles the risk of heart attack if taken for 18 months of longer.
August 2, 2005
Former executive says Vioxx not studied,
Associated Press, August 2, 2005, ANGLETON, Texas (AP) - Merck & Co.'s former marketing director testified Monday that the company did not study how Vioxx would affect patients' hearts before it went on the market, and said the company hoped the recalled painkiller would be its biggest seller ever.
August 1, 2005
Vioxx jury hears pathologist testimony Merck sought to block, August 1, 2005, Kristen Hays, Associated Press, Angleton, Texas - Jurors in the Vioxx trial heard testimony Monday from a pathologist who said the death of a man taking the drug was more than likely caused by a heart attack - damaging Merck & Co.'s defense in the first Vioxx liability case to reach trial.
July 28, 2005
Coroner's opinion bolsters plaintiff's case in Vioxx trial, ANGLETON, Texas A doctor has testified that a North Texas man's death from an irregular heartbeat was probably brought on by a heart attack. Doctor Maria Araneta is a pathologist whose autopsy in the 2001 death of Robert Ernst is central to the nation's first trial of a Vioxx-related lawsuit. Her testimony came in a deposition -- a transcript of which was obtained today by The Associated Press.
July 28, 2005
Testimony May Hurt Merck in Vioxx Trial, ANGLETON, Texas, July 28, 2005, The pathologist who performed the 2001 autopsy of a Texas man at the center of the nation's first Vioxx-related civil trial may give testimony that could pose a challenge for the drug's maker, Merck & Co. According to a transcript of a deposition obtained by The Associated Press, Dr. Maria Araneta told attorneys on both sides of the lawsuit that the arrhythmia or irregular heart beat that caused Robert Ernst's death was probably brought on by a heart attack.
July 27, 2005
Merck official: We're not profit-driven, Wednesday, July 27, 2005, By Jeff Feeley, Bloomberg News, A Merck & Co. official disputed claims that the company put the drive for profits from its Vioxx painkiller over users' health, in the first lawsuit over the drug to come to trial. "I don't think we're a profit-driven company," Nancy Santanello, a Merck scientist, told a state court jury Tuesday in Angleton, Texas. "I believe we're really a science-driven company."
July 27, 2005
Texas Coroner Deposed in Vioxx Trial, By Kristen Hayes, The Associated Press, ANGLETON, Texas - Lawyers on both sides of the nation's first Vioxx-related civil trial on Tuesday deposed the coroner who autopsied a man who died of an irregular heartbeat eight months after beginning a regimen of Vioxx. Dr. Maria Araneta is a crucial witness to the question of whether the once-popular painkiller caused Robert Ernst's death.
July 21, 2005
Scientist: Vioxx risk cited in 1998: Firm downplayed safety concerns, lawyers contend. By Bloomberg News | July 21, 2005, Merck & Co., the third-largest US drug maker, knew of safety risks posed by the painkiller Vioxx a year before the company began selling the drug, a researcher testified....
July 21, 2005
Merck witness challenges initial diagnosis. ANGLETON, Texas Merck's top epidemiologist today questioned the diagnosis of an emergency room doctor who blamed a heart attack for a Texan's death....
July 21, 2005
Vioxx lawsuits snowballed in 2Q - Lawsuit filings over Merck's arthritis drug keep on climbing, company says. July 21, 2005: 3:44 PM EDT, By Aaron Smith, CNN/Money staff writer, NEW YORK (CNN/Money) - The tally of Vioxx-related lawsuits against drug giant Merck increased dramatically over the last three months, the company said Thursday. Product liability lawsuits involving the arthritis painkiller Vioxx now total 4,100, said Graeme Bell, Merck's senior director of investor relations, to analysts during a second-quarter conference call on Thursday. Bell said these lawsuits represent 7,500 plaintiff groups....
July 20, 2005
Vioxx risks understated, according to trial evidence, By Alex Berenson, The New York Times, DenverPost.com, 7/20/2005 01:02 AM, Angleton, Texas - In an April 2001 letter to doctors, Merck seriously understated the heart risks faced by patients taking its painkiller Vioxx, according to evidence presented Tuesday in the first Vioxx lawsuit to reach trial....
July 20, 2005
Vioxx exec explains ethics, 'Dodge Ball', Wednesday, July 20, 2005; Posted: 12:35 a.m. EDT (04:35 GMT), ANGLETON, Texas (AP) -- Merck & Co.'s top epidemiologist testified in the country's first Vioxx-related trial that an in-house training game for Vioxx sales representatives dubbed "Dodge Ball" was not about learning to dodge questions from doctors about the drug's safety....
July 19, 2005
Merck Exec Testifies about Merck In-House Training Game "Dodge Ball" in First Vioxx Trial, ANGLETON, Texas, July 19, 2005, (AP) Merck & Co.'s top epidemiologist testified in the country's first Vioxx-related trial that an in-house training game for Vioxx sales representatives dubbed "Dodge Ball" wasn't about learning to dodge questions from doctors about the drug's safety....
July 19, 2005
Merck Executive Testifies in Vioxx Trial, By KRISTEN HAYS,The Associated Press
Tuesday, July 19, 2005; 5:39 PM, ANGLETON, Texas -- Merck & Co.'s marketing team targeted doctors viewed as unfriendly toward Vioxx to bring them into the fold, neutralize or discredit them, the plaintiff's lawyer in the nation's first Vioxx-related lawsuit to go to trial alleged Tuesday.....
July 18, 2005
Lawyer comes out swinging in Vioxx trial, Associated Press, July 18, 2005, 5:18PM
, ANGLETON — Merck & Co.'s top epidemiologist took some verbal punches today as the plaintiff's lawyer in the nation's first Vioxx-related lawsuit to go to trial came out swinging over whether the company knowingly downplayed the drug's safety years before sweeping it from the market last year....
July 18, 2005
Merck used 'dodge ball' game on Vioxx questions-lawyer, 18 Jul 2005 22:35:50 GMT, Source: Reuters, By Matt Daily, ANGLETON, Texas, July 18 (Reuters) - Merck & Co. <MRK.N> used a game called "dodge ball" to teach its sales force how to avoid questions about safety problems with Vioxx, a lawyer for....
July 18, 2005
Testimony to begin in Vioxx trial, THE ASSOCIATED PRESS/ANGLETON, TEXAS, By KRISTEN HAYS
AP Business Writer, JUL. 18 4:17 A.M. ET, Merck & Co.'s top epidemiologist faces the potential for a tough week when testimony begins in the nation's first Vioxx-related lawsuit to go to trial......
July 17, 2005
Merck's case-by-case defense on Vioxx aims to cap payouts, By Bruce Japsen, Chicago
Tribune staff reporter,
Published July 17, 2005, Merck & Co. began defending the first of more than 3,500 state and federal lawsuits over its once popular arthritis drug Vioxx in a south Texas courtroom Thursday--enacting a case-by-case strategy analysts expect will limit what the company might have to pay....
July 15, 2005 - First Vioxx Lawsuit Trial Opens; Testimony Starts Next Week
July 15, 2005 - Bullying of doctors alleged at Vioxx trial
July 15, 2005 - First Vioxx trial begins - 'Merck-y ethics' cited in opening
statement
July 14, 2005 - Lawyer: Merck more about profits than healing
July 14, 2005 - Opening statements begin in Vioxx trial
July 14, 2005 - Texas Jury Is Seated in First Vioxx Lawsuit to Go to Trial
July 14, 2005 - Nation's first VIOXX Ttrial begins
July 13, 2005 - Juror interviews under way in nationīs first Vioxx trial
July 13, 2005 - In First of Many Vioxx Cases, a Texas Widow Prepares to Take the Stand
July 12, 2005 - Jury selection starts today in Vioxx trial
July 11, 2005 - Judge excuses 20 potential jurors from VIOXX lawsuit against Merck
July 11, 2005 - Widow's suit against Vioxx maker to set tone for rest
July 10, 2005 - Jury selection to begin in Vioxx case
July 04, 2005 - Merck seeks delay in first Vioxx case to reach trial
Click Here to see all of out Texas Vioxx Case news links.
