May 15, 2008

Merck & Co. v. Garza: Texas Court of Appeals Overturns Judgment In Vioxx Case Involving $25M Punitive Damages Verdict

The New York Times is reporting that the Fourth Court of Appeals in Texas has reversed a judgment against Merck & Co. arising out of its painkiller Vioxx. The jury in this case had awarded $25 million in punitive damages and $7M in compensatory damages, but the punitive damages award was reduced to $750,000 pursuant to a statutory cap. You can view the full opinion here. (As an aside, I can't recall another published appellate opinion that cites only one case in the entire opinion.)