Date: 04-12-2006

Case Style: John McDarby and Thomas Cona v. Merck & Co.

Case Number: Unknown

Judge: Unknown

Court: Superior Court, Atlantic County, New Jersey

Plaintiff's Attorney:

Rob Gordon for John McDarby

Mark Lanier of Lanier, Parker & Sullivan, P.C., Houston, Texas for Thomas Cona

Defendant's Attorney:

Chuck Harrell of Butler, Snow, O'Mara, Stevens & Cannada, PLLC, Memphis, Tennessee

Description:

John McDarby, age 77, and Thomas Cona, age 60, sued Merck & Co., on products liability theories, claiming that the Vioxx arthritis medication manufactured and sold to them was defective and unreasonably dangerous and, as a direct result, they suffered heart attacks after taking the drug. McDarby took the medication for 4 years before having his heart attack. Cona took the pain-medication but for a shorter period of time. They claimed that Merck knew that the drug increased the risk of heart attack but failed to warn of the risk.

Merck asserted a causation defense claiming that taking the drug did not cause the heart attacks.

Outcome: Plaintiffs' verdict for $4.5 million for John McDarby and in favor of Cona for $45. McDarby was awarded $3 million for pain and suffering and his wife was awarded $1.5 million plus $9 million in punitive damages.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None