Parker Waichman LLP

Merck Loses Vioxx Appeal

The New Jersey Supreme Court has thrown out a Merck & Co. appeal of a $4.5 million Vioxx award. According to a Business Week report, the dismissal ended the last unresolved Vioxx patient lawsuit. Vioxx was approved for use in 1999, and quickly became a blockbuster for Merck, with annual sales of $2.5 billion. However, […]

The New Jersey Supreme Court has thrown out a Merck & Co. appeal of a $4.5 million <"https://www.yourlawyer.com/topics/overview/vioxx">Vioxx award. According to a Business Week report, the dismissal ended the last unresolved Vioxx patient lawsuit.

Vioxx was approved for use in 1999, and quickly became a blockbuster for Merck, with annual sales of $2.5 billion. However, the painkiller was pulled off the market in 2004 after an analysis of patients using Vioxx linked the defective drug to more than 27,000 heart attacks or sudden cardiac deaths in the U.S. from 1999 through 2003.

The withdrawal prompted thousands of product liability lawsuits that claimed Merck didn’t properly warn doctors and patients of the drug’s risks. To settle most of those suits, Merck established a $4.85 billion fund in November 2007. The New Jersey lawsuit Merck appealed – McDarby v. Merck – was one of a few not included in the settlement, Business Week said.

According to Business Week, McDarby v. Merck was filed on behalf of John McDarby, who suffered a heart attack in 2004. He passed away from complications related to the heart attack in 2007. According to Bloomberg News, a jury had originally awarded his family a total of $13.5 million in damages, including $9 million in punitive damages in 2006. A lower New Jersey appeals court threw out the punitive damage award while upholding the jury’s compensatory damage finding, reducing the award to $4.5 million

According to Bloomberg, Merck still faces 18 suits filed by governmental agencies alleging the company violated consumer-protection laws with its marketing of Vioxx.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
The attention that we got was very appreciated. We have been bounced around before and felt like we didn’t matter. Mathew and the entire Parker Waichman team made us feel like family.
Erika Houston
7 years ago
5 Star Reviews 150
The employees at Parker Waichman were extremely knowledgeable and very helpful in resolving all matters pertaining to my case. I consulted with several members of the Parker Waichman team throughout the process and I was extremely impressed with their knowledge and genuine concern for me as an individual. I worked extensively with Benita Rollis towards the end of my case. She was extremely professional and detail oriented. She was always there to answer any question I had no matter how insignificant it may have been. I could not have done it without Benita and Parker Waichman helping me navigate this process every step of the way. I would highly recommend Parker Waichman.
Fred Raman
a year ago
5 Star Reviews 150
Hi. my name is Ramona Reynoso. I’m very happy I picked Parker and Waichman to fight for me! They made me feel like part of their family! Julie, Maryann and Jorge Peniche were only a phone call away! They answered all my questions and kept me inform of the progress of my case. They were very friendly and profesional!! I would definitely use Parker and Waichman in the future and I would definitely recommend them to family and friends! Jorge Peniche, Julie and Mariann you guys are the best!!!!
edwin acosta
5 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038