An Atlantic County jury has ruled that Vioxx was not a substantial cause of the heart attack suffered by Elaine Doherty, 68.
The jury found that Doherty's heart attack was caused by her own medical problems, which included arthritis, heart disease, blocked arteries, high blood pressure, obesity and diabetes. Vioxx was not a substantial factor in Doherty's 2004 heart attack, and Merck will not have to pay compensatory or punitive damages. The jury also found that Merck did not violate New Jersey's consumer fraud law, meaning it used good faith in its marketing and did not conceal Vioxx risks.
Lawyers for Doherty had argued that Vioxx was a major cause of her heart attack and that Merck downplayed the risks of Vioxx both to doctors and to patients. Doherty, the first female Vioxx user whose case has come to trial, had taken Vioxx for 2 1/2 years for arthritis before suffering a mild heart attack in January 2004.
Merck lawyers countered that company officials disclosed the drug's risks appropriately and that Doherty's own cardiac risk factors were responsible for her heart attack.
The jury found that Merck properly warned doctors about the drug's cardiac risks, but did not warn the woman, the first time a jury in a Vioxx liability case has considered whether patients were warned.
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