A jury in Atlantic City, NJ, said Merck must pay $9 million in punitive damages to a man who says he suffered a heart attack after taking Vioxx, surprising observers who expected the drug giant to escape the latest episode of its legal saga relatively unscathed. Last week, the same jury awarded 77-year-old John McDarby $4.5 million in compensatory damages. The award surprised some legal analysts. Under New Jersey's tort reform law, punitive damages in pharmaceutical cases are not allowed unless the plaintiff shows that the party involved intentionally misled regulators about the safety of a drug or product. Merck shares fell to $34.20 in morning trading.
- see this article from The Wall Street Journal