The first federal trial against pharmaceutical giant Merck over the health risks of Vioxx, the controversial painkiller, ended in a mistrial Monday.
A sole juror voting in favor of the plaintiff deadlocked the Houston jury, meaning that the question of whether or not the drug caused a Florida man's fatal heart attack remains unsettled under the law.
Bad News for Merck
Legal experts and stock analysts considered this bad news for Merck. This lawsuit was considered to be one of the easier ones for Merck to win, as the man in question had only used Vioxx for 22 days, and federal courts tend to have a more business-friendly environment.
6,400 Lawsuits Pending
With more than 6,400 Vioxx lawsuits pending, anything less than a vindication for Merck could signal a number of lawsuits being lost further down the line. Merck has currently won one state court trial and lost another.
Misrepresented Results
Merck pulled Vioxx off the market last year after a study showed it doubled the risk of heart attack or stroke in some cases. An editorial in the New England Journal of Medicine has also suggested that Merck misrepresented results of an earlier trial to soften Vioxx's health risks, a piece of evidence that was revealed too late to be considered in the federal case.
A retrial is expected next year.
