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$40M award sought in Vioxx lawsuit

In his closing arguments in the first Vioxx trial yesterday, attorney W. Mark Lanier told jurors that Carol Ernst should receive $40 million in compensatory damages from drug giant Merck for the death of her husband, Robert. The Houston lawyer said "punitive damages should be many times that." Jurors begin their deliberations today. The trial is being closely watched by lawyers and analysts around the country for indications of what the future may hold for Merck. More than 4,000 people …

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ALSO NOTED: Study: Malpractice awards not rising; Food industry successful against obesity suits; and much more...

> A new study of payouts in medical malpractice cases says that awards are not rising sharply, as critics of trial lawyers maintain. Story

> The New York Times reports on the success the food industry has had in shielding itself from obesity lawsuits following a rash of lawsuits against fast food chains two years ago. …

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Texas AG files suit against Merck

The attorney general of the state of Texas filed a lawsuit against Merck and company, charging the drug maker with misleading consumers about the safety of the painkiller Vioxx. The suit seeks at least $250 million in damages from Merck, alleging the pharmaceutical company violated Texas Medicaid fraud rules by not informing patients and their doctors of the growing body of evidence linking the drug to serious cardiovascular problems.

While thousands of patients have filed …

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