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April 27 2006
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Punitive Damages Hefty in Latest Vioxx Lawsuit

VioxxJurors awarded plaintiff John McDarby $13.5 million worth of punitive and compensatory damages in his lawsuit against Vioxx manufacturer Merck.

The jurors concluded that the drug maker delayed notifying patients of the risks once they were aware of the drug's danger.

Going Toward Medical Care

McDarby's wife Irma said that the money, which they will not get immediately because of appeals, will go toward giving her husband the constant medical care he needs. Merck plans to appeal based on their claim that the judge inappropriately restricted testimony and evidence.

First Trial Looking at Long-Term Use

The trial was the first to involve patients who used the drug for more than 18 months. This makes it an important case, as the study that prompted Merck to withdraw the drug from the market in 2004 found that its risks doubled after 18 months' use. The ruling could also lead to a criminal probe of Merck.

Merck faces almost 10,000 Vioxx-related lawsuits in state and federal courts. So far, the company has won two cases and lost two.



Dr. Mercola Dr. Mercola's Comments:

Obviously, the jury who deliberated over punitive damages in the latest Vioxx trials in New Jersey sent a loud and clear message to multi-national corporate giant Merck, when it awarded an additional $9 million to John McDarby, on top of the $4.5 million his family previously received.

One juror said that the hefty punitive damages were awarded because Merck did not warn patients in a timely fashion about the heart-stopping effects of Vioxx -- perhaps the company was in too big a hurry to beat Pfizer's still available Celebrex to market to worry themselves about safety concerns.

The good news also reported in a recent Wall Street Journal is that the price to sue Merck for Vioxx just dropped 20-fold, from $1 million down to $50,000.

So Merck is reaping its just desserts for killing 60,000 with reckless abandon to increase profits to their shareholders. It appears that even their massive legal expertise will be able to avoid the avanlanche of lawsuits that are heading their way.

If you are unwise enough to hold any Merck shares, I would suggest this is a very strong sell signal. They already lost $30 billion the day they announced the Vioxx recall in 2004.

Some legal experts believe this outcome could play itself out over and over in the courts, a bad omen for Merck as well as other drug makers that risk your future with health-harming drugs.

Just a reminder, if you're struggling with pain, there are far safer and healthier ways to treat it, including:

  • Ginger: This herb is anti-inflammatory and offers pain relief and stomach-settling properties. Fresh ginger works well steeped in boiling water as a tea or grated into vegetable juice.

  • Boswellia: Also known as boswellin or "Indian frankincense," this herb contains specific active anti-inflammatory ingredients, referred to as boswellic acids, that animal studies have shown significantly reduce inflammation.

  • Fish or Krill Oils: The omega-3 fats EPA and DHA found in fish oil and krill oil have been found, by many animal and clinical studies, to have anti-inflammatory properties that reduce joint inflammation and promote joint lubrication. Krill oil is more stable, so it keeps its healthful properties longer.

  • Bromelain: This enzyme, found in pineapples, is a natural anti-inflammatory. It can be taken in supplement form, but eating fresh pineapple may also be helpful.

  • Cetyl Myristoleate (CMO): This oil, found in fish and dairy butter, acts as a "joint lubricant" and an anti-inflammatory. This factor has been found to be highly effective in reversing arthritis and protects against calcification of joints.

  • Evening Primrose, Black Currant and Borage Oils: These contain the essential fatty acid gamma linolenic acid (GLA), which is useful for treating arthritic pain. These are the exception to usually unhealthy omega-6 fats.

  • Cayenne Cream: Also called capsaicin cream, this spice comes from dried hot peppers. It alleviates pain by depleting the body's supply of substance P, a chemical component of nerve cells that transmits pain signals to the brain.

You should work with your own knowledgeable health care professional, someone who understands natural medicine, to develop the best combination of herbal alternatives for you.

Additionally, eating according to your nutritional type is an absolutely amazing tool to reduce pain, especially when combined with an effective energy psychology tool like the Emotional Freedom Technique, or EFT, which can address previous emotional traumas that cause bioelectrical short circuiting predisposing one to immune dysfunction and even chronic pain.


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