Personal Injury Lawsuits on Vex Put on Hold in Texas Courts; One Scheduled for Trial in W VA
Released on = May 23, 2007, 10:00 am
Press Release Author = Lala C. Ballatan
Industry = Law
Press Release Summary = bout 1000 personal injury lawsuits involving the infamous pain medication called Vioxx are put on hold in Texas according to a judge ruling. Meanwhile, another similar lawsuit is scheduled for trial on Oct. 1, 2007 in Mingo County Circuit Court, West Virginia.
Press Release Body = About 1000 personal injury lawsuits involving the infamous pain medication called Vioxx are put on hold in Texas according to a judge ruling. Meanwhile, another similar lawsuit is scheduled for trial on Oct. 1, 2007 in Mingo County Circuit Court, West Virginia.
Los Angeles, California, May 22, 2007 - Judge Randy Wilson in Texas granted a motion given by the Vioxx manufacturer, Merck & Co Inc. to dismiss a certain section of Ruby Ledbetter's personal injury lawsuit, which states that she was not properly warned about Vioxx. Ledbetter, 62 years old, suffered a heart attack in 2004, allegedly caused by Vioxx.
In their argument, Merck's lawyers stipulated that a certain Texas law in 2003 prevented Ledbetter from professing she was not properly warned about the drug.
According to this law, any drug manufacturer is not legally responsible for charges of failure to provide adequate warnings about their product if such product or drug came with approved warnings from the U.S. Food and Drug Administration (FDA).
Defense claims that Vioxx, a pain medication for those suffering arthritis have such warnings. In September 2004, it was pulled off the U.S. drug market when research turned out that taking Vioxx for more than 18 months could double the risk of heart attack or stroke.
In West Virginia, a civil trial lawsuit asserts the death of Thomas Smith of Mingo County on Vioxx, three years ago. Ronda Smith, the victim's wife represented by Mark Lanier, brought the case to court. Lanier, a Houston lawyer, have already represented a client in Texas with the same lawsuit awarded $253.5 million in damages by a jury. According to Lanier, the trial set for October, as ruled, will be the accountability trial.
Since 2005, investors and lawyers have kept a steady watch on the Vioxx lawsuits since the $253.5 million in damages verdict. The Merck\'s legal team has already appealed this decision, including $229 million in punitive damages.
All around the U.S., Merck faces 27,000 personal injury lawsuits. However, Kent Jarrell spokesperson of Merck\'s legal team contends that the company was not at fault.
According to him, 4,600 of the lawsuits they faced have already been dismissed even before reaching trial. Furthermore, Jarrell noted that most juries favor the company over the plaintiffs. There were two trials, though that ended with hung juries.
Los Angeles Personal Injury Attorney Services - Our team of Los Angeles Personal Injury Attorneys have been very successful in reaching high settlements and verdicts for various personal injury cases. We are a group of aggressive and diligent attorneys who will protect your legal rights at any time, and in any jurisdiction in California. For more information please log on to our website www.personalinjurydefenders.com
Web Site = http://www.personalinjurydefenders.com
Contact Details = contactus@personalinjurydefenders.com
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