Federal Judge Declares Mistrial In Vioxx Case

US District Court Judge Eldon Fallon on Monday declared a mistrial in the first federal trial related to Merck's COX-2 inhibitor Vioxx after jurors failed to reach a unanimous verdict decision in more than 18 hours of deliberations, the New York Times reports. In the trial, plaintiff Evelyn Irvin Plunkett alleged that Vioxx caused the death of her husband, Richard Irvin, who experienced a fatal heart attack in 2001 after he took the medication for less than one month (Berenson, New York Times, 12/13). After jurors deliberated for about 20 minutes on Monday morning, the fourth day of deliberations, Fallon said, "It has now been a reasonable time. We cannot get a verdict" (Hays, AP/Long Island Newsday, 12/13). Federal courts require unanimous verdicts in civil lawsuits (New York Times, 12/13). Fallon said that he will meet with attorneys next week to determine a date for a new trial (AP/Long Island Newsday, 12/13).

Details of Mistrial, Reaction
According to the Wall Street Journal, jurors voted 8-1 in favor of Merck (Won Tesoriero/Martinez, Wall Street Journal, 12/13). Fallon did not comment on the mistrial. Attorneys for both sides said they did not know how the jury was divided (New York Times, 12/13). Kenneth Frazier, general counsel for Merck, said, "The plaintiffs were unable to sustain their burden of convincing a jury that there was reliable evidence that Vioxx contributed in any way to the unfortunate death of Mr. Irvin" (Girion, Los Angeles Times, 12/13). Frazier said, "If a retrial is scheduled, we will be right back with the same facts." He added, "The Vioxx litigation will go on for years. We have the resources and the resolve to address these cases, one by one, in a reasonable and responsible manner" (Ginsberg, Philadelphia Inquirer, 12/13). Plaintiff attorney Jere Beasley said, "We look forward to the next trial" (AP/Long Island Newsday, 12/13).


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