Wednesday, May 14, 2008

Texas Court Overturns Vioxx Ruling

As reported in the New York Times by the Associated Press.  The plaintiff in Garza v. Merck initially won $32 million, which was reduced to $7.75 million.  The AP reports that "the Texas Fourth Court of Appeals overturned the verdict, ruling that the defendants had not proven that Mr. Garza’s history of heart disease could not have been the cause of his fatal heart attack in 2001." 

The article goes on to note "After the trial, a juror admitted borrowing thousands of dollars from Mr. Garza’s widow, Felicia Garza, although that does not seem to have been a factor in Wednesday’s appellate court decision."  Yipes!

ADL

http://lawprofessors.typepad.com/mass_tort_litigation/2008/05/texas-court-ove.html

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Comments

FYI, the opinion is available here: http://www.4thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=21109

Posted by: Brooks Schuelke | May 14, 2008 2:10:32 PM

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