NEW ORLEANS, Sept. 26 (AP) — A federal jury ruled in favor of Merck on Tuesday in a lawsuit over the painkiller Vioxx, finding that 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 about three hours before reaching a verdict.
Robert Garry Smith, 56, asserted in Federal District Court that the drug had contributed to a heart attack he had in 2003. He said he had taken Vioxx for knee pain for about four and a half months but did not realize at the time of the heart attack that Vioxx might have been a cause for concern.
Merck’s lawyer said there was no medical testimony indicating that Vioxx had anything to do with Mr. Smith’s heart attack.
Merck withdrew Vioxx from the market two years ago after a study found a greater risk of heart attack in people who had taken the drug continually for at least 18 months.
Including the verdict on Tuesday, the drug maker has won five cases and lost four Vioxx-related cases in state and federal courts. A sixth case that Merck won was overturned by a judge and is set to be retried. At least 14,200 cases are pending nationwide.