NEW JERSEY VIOXX PLAINTIFF TO GET NEW TRIAL . . . When the Vioxx trials were just getting started, it was common to read a lot of commentary about each trial, both on weblogs and in newspapers. In November, 2005, I did a short post about the second Vioxx trial--the Humeston trial--titled "The New Jersey Vioxx Trial: Why the Plaintiff Lost." The post linked to additional commentary in which various lawyers and observers dissected that case in detail.

As of today, there's a new chapter in Humeston case, as Humeston was granted a new trial by the trial judge. According to an account by the Associated Press, the judge ruled "evidence uncovered since the November verdict showed that Merck withheld information showing heart attacks could come with use of Vioxx for less than 18 months." The writer's source for the content of the ruling was one of Humeston's lawyers; apparently, the order is not yet publicly available.

The Associated Press account, titled "Merck suffers 2 setbacks in Vioxx cases," also covers the day's other big piece of Vioxx news. In the federal trial that's been going on since early this month, a jury awarded the plaintiff $50 million in compensatory damages and $1 million in punitives. You can expect Merck to appeal.

For my other Vioxx-related posts, look here.

UPDATE 8/30 . . . Today the judge involved in the federal trial ruled that the $50 million compensatory award was excessive. That portion of the case will apparently be retried. According to this account, however, the ruling does not affect the jury's ruling on liabilit--that is, that Merck "negligently failed to warn [the plaintiff] that its blockbuster drug increased the risk of heart attacks, and that it actively hid such dangers."

Comments

[YaYa1]

Help !!! Need a Good reason, WHY, Judge Fallon did this ????? And what this really means for Plantiff's, & for Merck ?? Thanks, YaYa1

[john ballard]

what remedy is left for the plaintiff to pursue? isn't this jury nullification?

[yaya1]

Well, here we go again. Merck clears it's self of any wrong doing, only to the tune of 21 Mil. I think what we the people need are more Erin Brockovich's around to help us out !!! We the People certainly don't have 21 Mil. to help us out !!!!!And now to go on with the Sophisticated Jury Tampering, I just hope that the PSC, can really help out in this matter !!!!! It's terrible the way some people can get away with Everything.