Another Mistrial in Vioxx Lawsuits

Eddie Farah

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Lawrence Appell, a former truck driver suffered a heart attack in 2002 at age 72. Rudolph Arrigale suffered his in December 2000. Both brought suit in California against the manufacturer Merck arguing the drug Vioxx cause them to have a heart attack

The two cases were tried together before a Superior Court jury that deadlocked in their deliberations. Even though the jury found that Vioxx did have potential risks that were know or knowledgeable and that they presented substantial danger to users of the drug, they could reach a decision on the third questions "if the plaintiff's physicians would have recognized the potential risks of side-effects.

Merck's spokesman stated they were disappointed in the verdict, but stands ready to try the case again, if necessary.

Thus far plaintiffs have won four cases. One of these cases was overturned by a federal judge. Meanwhile Merck has come out ahead in nine cases. The company says five more cases have been dismissed.

Vioxx was removed from the marked in September 2004, due to increased heart attacks, strokes, and other serious medical conditions.