Our firm investigates business entities that have committed some form of fraud or deceptive business practice, which has harmed a group of consumers in a similar manner. We have successfully resolved numerous consumer fraud claims, helping thousands of people recover their losses. For the last six decades, our firm has stood up to unscrupulous corporate organizations to help consumers in a wide range of consumer fraud matters.
An Atlantic City state jury ruled that Vioxx, Merck & Co.’s painkiller, committed consumer fraud by failing to adequately disclose dangers associated with the drug, and contributed to an Idaho postal worker’s heart attack. It awarded the man and his wife $47.5 million in damages.
Frederick “Mike” Humeston was awarded $19 million and his wife Mary was awarded another $2 million in compensatory damages. The couple also received $27.5 million in punitive damages bringing the total up to $47.5 million.
This is the fifth lawsuit Merck has lost over Vioxx. Vioxx plaintiffs’ lawyers hope that Vioxx, who has stated it will fight every lawsuit individually, will decide to do the right thing and settle the lawsuits.
The Heart Attack
In 2001, Mike Humeston, 61, suffered a heart attack after taking Vioxx. The heart attack occurred before Merck, under pressure from the FDA, put a stronger warning on its label about the cardiovascular risks associated with the drug’s use.
For about two months, Humeston had taken Vioxx intermittently for knee pain from a Vietnam War wound.
Jury Findings
The jury found that Vioxx was negligent in failing to provide adequate warning about the drugs dangers before Humeston’s heart attack.
The jury later found that Humeston was entitled to money damages because Vioxx contributed to his death.
The jury then deliberated for about five hours and determined that Humeston should be compensated for the cost of Vioxx.
In the latest phase of the trial, jurors found that Merck should be forced to pay punitive damages totaling $27.5 million. The jurors found Merck’s conduct “malicious, oppressive and outrageous.” It found that Merck was willful and reckless in its Vioxx promotion.
Harmed by a defective drug? Please contact us today for a complimentary consultation with an experienced consumer fraud attorney who can help you recover the compensation you may be entitled to.
Consumer fraud class action lawsuits are specifically designed to help individuals who have been similarly aggrieved to pursue a common goal – namely to hold the deceptive business accountable for any damages suffered. Thus, consumers who have been defrauded by a corporation or other entity may file a consumer fraud class action lawsuit on behalf of themselves and others to seek compensation for their shared grievance.
If you feel you have been the victim of consumer fraud or any type of fraud, please contact us to learn about your legal rights and options. WE VALUE YOUR PRIVACY: any information you provide on this secure form will be held in the strictest confidence and will only be used by our attorneys to determine how we can help you.