Merck Ponders Grounds for Appeal in Wake of $253M Vioxx Verdict

A Texas jury awarded $253.4 million in damages Friday to plaintiffs in the nation's first civil Vioxx trial against Merck & Co., finding that negligence on the drug maker's part was a proximate cause in Robert Ernst's death in 2001. Merck says it is examining bases for appeal, focusing on the testimony and evidence allowed by the judge. In impassioned argument Wednesday, plaintiffs lawyer W. Mark Lanier told jurors, "You hold them accountable, you'll be the first jury in America to say, 'Time out, Merck.'"

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