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

    5/30/2008
    James R. Carroll, Jr., Esquire
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    Plaintiffs Lawyer Lanier to Appeal Vioxx Reversal

    W. Mark Lanier, the Houston plaintiffs lawyer who won a $234.4 million jury verdict in Angleton in the nation's first Vioxx trial, isn't mincing words: Thursday's Texas appeals court opinion reversing a judgment in that suit is "judicial activism for corporate America."

    Lanier says the 10-page 14th Court of Appeals opinion, written by Chief Justice Adele Hedges, is "cursory" and "seems to construe the evidence in favor of the defendant and leaves out all of the evidence that supports the verdict."

    "I'm upset, and I'll appeal it," Lanier says.

    In the opinion, the three-justice panel reversed the $26.1 million judgment in Carol Ernst v. Merck & Co. Inc. and rendered judgment that Carol Ernst, whose 59-year-old husband died in 2001 after taking Vioxx for about nine months, should take nothing. The judgment is smaller than the verdict because of statutory caps on punitive damages.

    The panel found the evidence to be legally insufficient on the issue of causation.

    See the entire article here at Law.com.
    Labels: class action vioxx


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