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Jury Faults Merck for Not Warning Doctors on Vioxx Heart Risks
[FINAL Edition]
The Washington Post - Washington, D.C.
Author: Mary Foster
Date: Aug 18, 2006
Start Page: D.3
Section: FINANCIAL
Text Word Count: 567

In New Orleans, the federal jury found that Merck "knowingly misrepresented or failed to disclose" information about Vioxx to doctors for Gerald Barnett, a retired FBI agent. The jury said Barnett, of Myrtle Beach, S.C., should get $50 million in compensatory damages. And it added $1 million in punitive damages, saying Merck "acted in wanton, malicious, willful or reckless disregard for the plaintiff's rights."

In New Jersey, state Superior Court Judge Carol Higbee ruled that evidence uncovered since the November verdict showed that Merck withheld information showing heart attacks could come with use of Vioxx for less than 18 months, attorney Christopher Seeger said.

He said the cost of litigation plus the management time devoted to overseeing the Vioxx cases takes resources away from Merck that should be spent on developing new products. "This is a drag on Merck going forward," he said. "It is an enormous tax on the company moving forward."

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