Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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Personal Injury

    5/29/2008
    James R. Carroll, Jr., Esquire
    Comments (0)

    N.J. and Texas Courts Scrap Awards From Early Vioxx Cases

    From Law.com:

    Appeals courts in New Jersey and Texas on Thursday scrapped verdicts against drug maker Merck & Co. Inc. stemming from some of the earliest trials involving its once popular painkiller Vioxx.

    A Texas court reversed a $26 million verdict against the drug maker stemming from the first trial. The court found no evidence that Robert Ernst suffered a fatal heart problem from a blood clot triggered by Vioxx. He had been taking the now-withdrawn drug for eight months before being stricken in May 2001.

    His widow had won a $253 million verdict against New Jersey-based Merck in 2005, but Texas punitive damage caps later cut that to about $26 million.

    Also Thursday, a New Jersey appeals court voided $9 million of the $13.9 million awarded to John McDarby in 2006 by a jury in Atlantic City.

    The panel found that New Jersey's Product Liability Act was pre-empted by the federal Food Drug and Cosmetic Act. McDarby survived his 2004 heart attack.

    See the full article here.  Has anyone read the newest Grisham novel, "The Appeal"?  If you have, you know why I ask after reading this story.
    Labels: class action verdict vioxx


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