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Atlantic City jury today returns a verdict against Merck in the Vioxx litigation. The jury was asked specific questions dealing with Merck’s conduct. Hopefully, this will convince Merck to begin to do the right thing and compensate those who have had heart attacks and strokes from the use of the now withdrawn arthritis drug Vioxx.

The jury answered special questions as follows:

In the Humeston case:
(1) Failure to Warn: yes (8-0)
(2) Misrepresentations re CV risk: yes (8-0)
(3) Marketing – intentional suppresion: yes (8-0)

In the HERMANS case
(1) No (7-1)
(2) Consumer fraud yes (8-0)
(3) Marketing – intentional suppression yes (8-0)

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