Unsafe Drugs: Judge Tosses $50 Million Vioxx Award

A judge has tossed the $50 million compensatory damage award in a federal Vioxx case after ruling that the award was "grossly excessive." U.S. District Judge Eldon E. Fallon ruled that "no reasonable jury could have found" that Gerald Barnett, a retired FBI agent, was entitled to $50 million for the heart attack he suffered in 2002. Barnett's attorney, Mark Robinson, said he had not seen the ruling and was unable to comment on the ruling at this point in time.

Fallon ruled that Barnett has grounds for monetary compensation for his past and future medical bills, his pain and suffering, and other intangible losses. The new trial will be limited to the question of damages; Fallon did not overturn the jury's findings against Merck, only the monetary compensation.