Originally published November 4 2005
Court rules in favor of Merck in second Vioxx trial
by Mike Adams, the Health Ranger, NaturalNews Editor
A jury found pharma giant Merck innocent of consumer fraud in the case involving the heart troubles of Frederick "Mike" Humeston, who claims Vioxx induced his heart attack.
Not guilty: A New Jersey jury found for Merck in the Vioxx lawsuit brought by heart attack victim Frederick "Mike" Humeston.
After deliberating just over one day, jurors found that Merck (nyse: MRK - news - people) did not commit consumer fraud or fail to adequately warn consumers of an increased risk of cardiovascular problems with the blockbuster painkiller.
"We are very pleased with the verdict," one of the lawyers for the company said in a press conference following the verdict.
Last August, the drugmaker was hit with a stunning $253 million verdict after a Texas lawyer convinced jurors that his client's husband had died from a heart attack caused by Vioxx.
In closing arguments, a Merck lawyer assailed plaintiff lawyers' allegations that the pharmaceutical giant put profit ahead of patient safety.
Attorney Diane Sullivan also told jurors the drug wasn't responsible for an Idaho postal worker's heart attack as she praised the integrity of Merck scientists and brought the plaintiff's credibility into question.
Much of the seven-week trial, eagerly watched by lawyers and plaintiffs from around the country, relied on the testimony of medical experts.
Witnesses for Merck testified the company believed Vioxx was safe for the heart before the drug was pulled from the market a year ago after a study showed it doubled risk of heart attacks and strokes when taken for at least 18 months.
The New Jersey verdict capped a trial centering on Humeston, 60, of Boise, Idaho, who was stricken two months after he began taking the drug to ease pain from a Vietnam War knee injury.
While Humeston made for a sympathetic plaintiff, he also was a relatively healthy one, appearing in court for nearly every day of testimony and taking the stand for one day.
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