Claris Law Legal Blogging Community

Editor: Tim O'Brien
Profession: Attorney at Law

Category: Fosamax Lawsuits

Quote, Jude Eldon Fallon, presiding judge in the recent New Orleans Vioxx case: " All three of the Plaintiff's claims revolve around the safety risks of Vioxx; what Merck knew about any such risks, when Merck knew this information and what Merck should have done about it. ......the court concludes that the jury's findings for the Plaintiff on his negligent failure-to-warn and deceit-by-concealment claims were reasonable".
In addition, Mark P. Robinson, lead plaintiff attorney agreed with the significance of the judge's statement. "The judge ruled that the jury's findings.....that Merck negligently failed to warn and committed deceit-by-concealment with Vioxx........were reasonable findings. Though the court ruled that the compensatory damages were excessive, the judge also said he was not troubled by the punitive damages award. Further he is going to allow one jury to try both the compensatory and punitive damages award again in a single trial. All of this taken together is a very positive development for those who are victims of Vioxx".
Merck is also the manufacturer of Fosamax.