LA judge declares mistrial in Vioxx case
Last Updated: 2007-01-19 11:00:19 -0400 (Reuters Health)
LOS ANGELES (Reuters) - A Los Angeles judge on Thursday declared mistrials in the cases of two men who blame Merck & Co.'s withdrawn painkiller Vioxx for their heart attacks after jurors became deadlocked over the question of whether the company gave adequate warning to their doctors.
Plaintiffs Rudolph Arrigale and Lawrence Appell had claimed in the dual trial that Merck failed to disclose known dangers of the medicine.
Attorneys for Merck argued that both men were at increased risk for heart injuries regardless of whether they were taking Vioxx.
Jurors were deadlocked in the trial presided over by Los Angeles Superior Court Judge Victoria Chaney. Seven answered "yes," that Appell's physician should have recognized the potential risks or side effects of Vioxx, and five answered "no." A nine-member majority was needed to move beyond that question on the jury questionnaire.
Merck is facing more than 27,000 lawsuits from people who claim to have been harmed by the once-$2.5-billion-a-year drug that was pulled off the market in September 2004 after a study showed it doubled the risk of heart attack and stroke in patients taking it for at least 18 months.
The New Jersey-based drugmaker has insisted it will fight each lawsuit case by case, rather than submit to any kind of broad settlement agreement.
Brian Panish, an attorney for Appell, said a new trial could begin in April.
"We will (try it again)," said Panish, who said he has hundreds of similar claims to try. "We're in it for the long haul and we will be back."
A spokesman for Merck, Thomas Yoo, said there had been no discussions about a potential settlement.
"If either of these plantiffs want to go again, we'll be ready," Yoo said.
The jury deliberated for about six days, which was broken up by a three-week break for the Christmas holidays. One juror was replaced recently after she informed the judge that a relative had taken Vioxx.
(Additional reporting by Deena Beasley)
