Merck has won the first federal lawsuit over recalled arthritis medication Vioxx. On February 17, 2006, a jury found Merck not reponsible for the death of a 53 year old man from Florida who suffered a heart attack after taking Vioxx for less than a month. Lawyers for Merck argued it was not proven that Vioxx caused the heart attack and death of the man, suggesting that other risk factors may have contributed. The case was a re-trial. Last December jurors were unable to reach a verdict regarding this case.

So far, Merck has won one and lost one in two state cases heard. Adding the latest victory for Merck in federal court, Merck is ahead in court 2-1. However, this is just the beginning. About 9,600 lawsuits have been filed regarding arthritis drug Vioxx. Merck has stated the company will try each case in court individually.

• NEJM Reports Merck Withheld Pertinent Information About Vioxx 12/8/2005
• Merck Not Liable In Second Lawsuit 11/3/2005
• Vioxx Held Liable In First Lawsuit 8/19/2005
• Vioxx Recalled 9/30/2004