A split decision for two Vioxx plaintiffs, with compensatory damages assessed all around but only one of the two plaintiffs moving on to a discussion of punitive damages:

Via InsuranceJournal.com:

Vioxx Maker Faces Punitive Damage Hearing Today Following Split Ruling

Insurance Journal
April 6, 2006

A jury in Atlantic County Superior Court in Atlantic City, N.J. ordered pharmaceutical giant Merck to pay a 77-year old user of its Vioxx drug at least $4.5 million in compensation after finding that the drug helped cause the heart attack suffered by retired insurance agent John McDarby.

At the same time, the jury rejected a similar claim by a second plaintiff. It found that the drug was not a significant cause of a heart attack suffered by 60-year old Thomas Cona and awarded no damages in that case.

Merck failed to warn both plaintiffs about the risks of taking its painkiller Vioxx, the jury determined, but the panel concluded the drug was only a factor in McDarby's heart attack and only he should receive compensatory damages.

There will be a separate hearing today on whether Merck should be required to also pay punitive damages. New Jersey law caps punitive damages to no more than five times compensatory damages...

More here.

-- MDT