$51 Million - Prescription Drug Injury

On August 17,2006 a federal court jury in New Orleans rendered a $51,000,000 verdict against Merck, the manufacturer of Vioxx.  The Plaintiff, Gerald Barnett, was represented by lead trial counsel Mark Robinson, Jr. of Robinson, Calcagnie & Robinson. Mr. Robinson was assisted by attorneys Andy Birchfield and Don Arbitblit.  Mr. Barnett, a 62 year-old retired Special Agent of the FBI, took the prescription drug continuously for approximately 55 months for pain from osteoarthritis. While taking Vioxx, he suffered from blood pressure spikes and rapid progression of atherosclerosis, culminating in a heart attack on September 6, 2002. As a result of his heart attack, Mr.Barnett underwent 5-way bypass surgery in September 2002.  Since that time, he has suffered a re-occlusion of his vein grafts, requiring him to undergo angioplasty and stent placement in July 2006.  As part of his damages, Barnett made claims for pain and suffering, past and future medical expenses and loss of life expectancy.  

Vioxx is a drug known to cause an increase in cardiovascular events and was withdrawn from the market in September 2004 after Merck’s study APPROVe showed more cardiovascular events on Vioxx as compared to placebo.  Evidence also shows that Vioxx can accelerate the progression of atherosclerosis, leading to serious heart disease. In his lawsuit, Barnett sought compensatory damages for his injuries, and alleged that Merck should be held liable because it negligently placed Vioxx on the market with inadequate warnings.  In addition, Barnett alleged that Merck deceived his physicians by concealing the safety and effectiveness of Vioxx.  The jury found in favor of the Plaintiff on both theories of liability, and awarded compensatory as well as punitive damages against Merck & Co., Inc.

Plaintiff Prevails in Federal Vioxx Case