Date: 08-19-2005

Case Style: Carol Ernst, individually and on behalf of the Estate of Robert Ernst v. Merck & Co.

Case Number: Unknown

Judge: Unknown

Court: District Court, Brazoria County, Texas

Plaintiff's Attorney:

Mark Lanier of The Lanier Law Firm, P.C., Houston, Texas and Ben Morelli of Benedict P. Morelli & Associates, New York, New York

Defendant's Attorney:

Jonathan B. Skidmore of Fulbright & Jaworski L.L.P., Houston, Texas

Description:

The Widown of Robert Ernst brought a products liability wrongful death claim against Merck & Co. claiming that its non-steroidal anti-inflammatory Vioxx was defective and unreasonably dangerous and caused Mr. Ernst death.

Merck claimed that Mr. Ernst died of clogged arteries rather than a Vioxx-induced heart attack that led to his fatal arrhythmia in 2001.

Outcome: Plaintiff's verdict for $253.4 million. The jury broke down the damage award as $450,000 in economic damages - Robert Ernst's lost pay as a Wal-Mart produce manager; $24 million for mental anguish and loss of companionship, and $229 million in punitive damages.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments:

Merck withdrew Vioxx, a $2.5 billion seller, from the market in September 2004 when a long-term study showed it could double risk of heart attack or stroke if taken for 18 months or longer.