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Results
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Our Offices
40 Inverness Drive East
Denver, CO 80112
Phone: 303.792.5595
Fax: 303.708.0527
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Phone: 307.527.7891
Fax: 307.527.7897
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Phone: 513.852.5600
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News Briefs
Jury Awards Texas Plaintiff in Vioxx Case
August 19, 2005
Michael S. Burg, senior partner of Burg Simpson Eldredge Hersh & Jardine, P.C., and a member of the Vioxx Multi-District Litigation Plaintiffs' State Liaison Committee, announced today that a verdict was handed down in Angleton, Texas against pharmaceutical giant Merck, the maker of Vioxx. The jury awarded $253.4 million in total damages.
Plaintiff Carol Ernst was awarded $24 million in compensatory damages for the loss of her husband, Robert Ernst. Additionally, the jury awarded $229 million in punitive damages.
While the punitive damages portion of the trial verdict may be reduced pursuant to Texas law, Mr. Burg notes that this portion of the verdict is important for a number of reasons. In commenting on today's verdict, Mr. Burg noted, "The jury awarded $229 million in punitive damages because the trial lawyer, Mark Lanier, specifically requested that amount be awarded. Mark chose $229 million because it is the same sum of money which Merck admitted it saved in revenues by delaying labeling changes which would notify the public of the risk of using Vioxx. Merck's marketing of Vioxx is like a drive-by shooting; they knew they'd kill somebody, they just didn't know who. Today, the jury in Angleton, Texas has punished Merck for wrongfully taking the life of Robert Ernst. We congratulate our friend, Mark Lanier and the entire trial team in this important verdict. We will continue to work closely with them and others across the country on behalf of those injured due to Merck's irresponsible conduct."
When asked whether today's verdict is a reflection of "plaintiff friendly jurisdictions", Mr. Burg replied "That might have been true of Texas verdicts from years ago. The county where this case was tried is represented by one of the most conservative members of Congress. We are confident that juries in other jurisdictions will respond similarly on the sale and marketing of Vioxx."
Media Contact:
Michael S. Burg
Burg Simpson Eldredge Hersh & Jardine, P.C.
(303) 792-5595
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