Wednesday, August 30, 2006
Judge Calls for New Trial in Vioxx Case
Article in today's New York Times -- Judge Calls for New Trial in Vioxx Case, by the Associated Press:
The $50 million compensatory damage award in a federal Vioxx case this month was ''grossly
excessive,'' and a new trial must be held to decide damages for a retired FBI agent who suffered a
heart attack after taking the painkiller, a federal judge ruled Wednesday.
''No reasonable jury could have found'' that Gerald Barnett was entitled to $50 million in
compensatory damages from Vioxx maker Merck & Co. because of the heart attack he suffered in
2002, U.S. District Judge Eldon E. Fallon ruled.
The new trial is limited to the question of damages.