Judge Orders New Vioxx Trial After $50 Million Award
U.S. District Judge Eldon E. Fallon has ruled that "no reasonable jury could have found" that a retired FBI agent who suffered a heart attack in 2002 after taking the painkiller, Vioxx, was entitled to $50 million in compensatory damages from Vioxx maker Merck & Co. He called the award "grossly excessive," and ordered a new trial to determine damages only. A jury found on August 17 that Merck "knowingly misrepresented or failed to disclose" information about Vioxx to the man's doctors. The jury awarded $50 million in compensatory damages and $1 million in punitive damages. Fallon wrote that the plaintiff is entitled to compensation for past and future medical bills, pain and suffering and other intangible losses, but lost wages and earning capacity are not a factor as the plaintiff is retired. The original finding of guilt against Merck was not overturned. (Insurance Journal, 8/31)
The initial contact with the patient is usually through your receptionist. This employee should be well-coached as to the limitations on information that can be conveyed. An example of this might be: avoid discussing aspects of a procedure that would be better left to you, as the physician.
