Texas Vioxx Verdict Overturned

Vioxx plaintiffs were dealt a blow yesterday when a Texas appellate court overturned a 2006 jury verdict. The verdict was rendered against Merck in the amount of $32,000,000. This was automatically reduced under Texas law, but has now been reversed completely because the San Antonio appellate court said there was legally insufficient evidence to support the state court verdict, and that the plaintiff's family failed to rule out the man's pre-existing heart condition as a cause of his fatal heart attack. The case is Garza v. Merck. The plaintiff will probably appeal this ruling to the Texas Supreme Court.