Merck wins suit blaming Vioxx for heart attack

NEW ORLEANS – A federal jury ruled in favor of Merck &Co. Inc. on Tuesday in a lawsuit over the painkiller Vioxx, finding there was not enough evidence to link the drug to a Kentucky man’s heart attack.

The jury, made up of six women and two men, deliberated for only about three hours before reaching a verdict.

Robert Garry Smith, 56, claimed in U.S. District Court that the drug contributed to a heart attack he had 31/2 years ago. He said he had taken Vioxx for knee pain for about 41/2 months but didn’t realize at the time of the heart attack that Vioxx may have been a cause for concern.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

But the drugmaker’s defense lawyer argued there was no medical testimony indicating Vioxx had anything to do with the heart attack that Smith suffered in 2003. “That doesn’t exist in this case,” attorney Phil Beck said in closing arguments Tuesday morning.

Vioxx went on the market in 1999. Merck pulled it two years ago, after a study found a greater risk of heart attack in those who had taken the drug continually for at least 18 months than in those who had taken placebos.

Including the verdict Tuesday, the drugmaker has amassed a 5-and-4 record in state and federal courts in Vioxx-related cases. A sixth case Merck won was overturned by a judge and is set to be retried. At least 14,200 cases are pending nationwide, according to a Merck spokesman.

During closing arguments Tuesday morning, Smith’s attorneys depicted a company that hid its knowledge of the health risks associated with Vioxx in the name of profit and competitive edge.

But Beck disputed the length of use and said Smith’s medical records immediately following the heart attack did not indicate Smith told doctors he was taking the drug at that time. Beck also argued Smith was at risk for a heart attack before his first Vioxx dose and that evidence pointed to strenuous activity – Smith’s shoveling snow – as triggering Smith’s heart attack.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

The age of bridge 503 that spans Swamp Creek can be seen in its timber supports and metal pipes on Wednesday, May 15, 2024, in Lynnwood, Washington. The bridge is set to be replaced by the county in 2025. (Ryan Berry / The Herald)
Snohomish County report: 10 bridges set for repairs, replacement

An annual report the county released May 22 details the condition of local bridges and future maintenance they may require.

The Edmonds City Council gathers to discuss annexing into South County Fire on Tuesday, Dec. 3, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Community group presents vision for Edmonds’ fiscal future

Members from Keep Edmonds Vibrant suggested the council focus on revenue generation and a levy lid lift to address its budget crisis.

Washington’s Supreme Court slashes public defender caseload limits

The changes will take effect Jan. 1, but local governments get a decade to comply. For cash-strapped counties, it may not be enough time without more state aid.

Washington stuck mid-pack in national education ranking

The new report underscores shortfalls in reading and math proficiency. Still, the state’s top school official says data show progress recovering from the pandemic.

Marysville is planning a new indoor sports facility, 350 apartments and a sizable hotel east of Ebey Waterfront Park. (Olivia Vanni / The Herald)
New report shifts outlook of $25M Marysville sports complex

A report found a conceptual 100,000-square-foot sports complex may require public investment to pencil out.

x
Edmonds seeks applicants for planning board alternate

The member would attend and participate in meetings and vote when another member is absent. Applications close June 25.

People walk during low tide at Picnic Point Park on Sunday, March 3, 2024 in Edmonds, Washington. (Annie Barker / The Herald)
Beach cleanup planned for Picnic Point in Edmonds

Snohomish Marine Resources Committee and Washington State University Beach Watchers host volunteer event at Picnic Point.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.