VIOXX $250-some million civil verdict

Galaxy · 08-19-2005, 08:08 PM

Anyone see that VIOXX was found guilty in a civil suit today, and has to pay around $250 million to the widow of a Texas man. With thousands of lawsuits lined up, and if they get anywheres near this level in terms of lawsuits, could this be the end of the company, and basically they go under (and the lawsuit verdicts)?

Masked · 08-19-2005, 08:19 PM

The $250 million will be thrown out.

JonInMiddleGA · 08-19-2005, 08:45 PM

One of the most absurd jury verdicts I can recall, especially considering state law caps the punitive amount.

clintl · 08-19-2005, 08:59 PM

Quote:

Originally Posted by JonInMiddleGA

especially considering state law caps the punitive amount.

Maybe not, depending on the facts of the case, according this article about another Texas case last year in which $1B was awarded, including $900M in punitive damages:

http://www.lawyersweeklyusa.com/usa/2topten2004.cfm

Quote:

Texas state law prevents punitive damages from being greater than twice the actual damages, plus up to $750,000. Since the jury awarded $113 million in actual damages, the verdict would still be the largest fen-phen verdict against Wyeth even if limited to the cap.

At trial, O'Quinn argued that the cap does not apply because there is an exemption if defendants knowingly or intentionally destroy, alter or conceal public documents.

O'Quinn argued that Wyeth destroyed government records.

"We proved it, and the jury found it," he said.

You can't really tell from the article on this case whether the jury made a similar finding.

Flasch186 · 08-19-2005, 09:46 PM

to quote the Scottish guy in the Rundown:

"BOOM, SHACKALACKA!!"

Easy Mac · 08-19-2005, 10:32 PM

They knowingly killed thousands of people and hid it, I don't really feel bad if they tank. And yes, this will get overturned for far less. Merck says they'll fight each and every one, but in reality, maybe 400-600 will go to trial (of which maybe 2% will be awarded over $250K) and thousands more will be settled/class actioned. And those that are class actioned will bitch that they don't get enough money from the settlement because one person hit a jackpot once when in fact theres really nothing horribly wrong with the class action people. Sure, the have a few more medical issues, but most of them are non-life threatening. Their the ones who are screwed in the end because of all the tests they want to have that they can't afford, assuming that the payout will come. Not that I have any experience with that.

JonInMiddleGA · 08-19-2005, 10:54 PM

Quote:

Originally Posted by Easy Mac

Their the ones who are screwed in the end because of all the tests they want to have that they can't afford, assuming that the payout will come. Not that I have any experience with that.

FWIW, that sounds similar to my current feelings about class-action suits as well ... not that I know anything about them personally either of course.

The lucky ones in class-action suits seem to be those who can at least afford to go through the preliminary stuff before finding out that the only winners are the lawyers.

Galaxy · 08-19-2005, 11:35 PM

Quote:

Originally Posted by Easy Mac

They knowingly killed thousands of people and hid it, I don't really feel bad if they tank. And yes, this will get overturned for far less. Merck says they'll fight each and every one, but in reality, maybe 400-600 will go to trial (of which maybe 2% will be awarded over $250K) and thousands more will be settled/class actioned. And those that are class actioned will bitch that they don't get enough money from the settlement because one person hit a jackpot once when in fact theres really nothing horribly wrong with the class action people. Sure, the have a few more medical issues, but most of them are non-life threatening. Their the ones who are screwed in the end because of all the tests they want to have that they can't afford, assuming that the payout will come. Not that I have any experience with that.

I think your underestimating the greed of our citizens. If they see that one guy got $253 million, they'll believe they get that. Get a few verdicts like that, and the company will fold up.

Easy Mac · 08-20-2005, 07:31 AM

Quote:

Originally Posted by Galaxy

I think your underestimating the greed of our citizens. If they see that one guy got $253 million, they'll believe they get that. Get a few verdicts like that, and the company will fold up.

The point you're missing is those verdicts won't continue. Believe me, 99.9999999% won't get a verdict at all, while the other 99.99999999% won't get a settlement above 100-200K. People can be greedy all they want, but don't expect it will turn out anything like this 1 verdict. For a verdict like htis, there will be hundreds of cases exactly as good that one that will get no money.

Galaxy · 08-20-2005, 03:26 PM

Quote:

Originally Posted by Easy Mac

The point you're missing is those verdicts won't continue. Believe me, 99.9999999% won't get a verdict at all, while the other 99.99999999% won't get a settlement above 100-200K. People can be greedy all they want, but don't expect it will turn out anything like this 1 verdict. For a verdict like htis, there will be hundreds of cases exactly as good that one that will get no money.

Eh, true. I do think the case of this trial was somewhat suspect, but I'm not doctor. I do think the verdict will be greatly reduce.

08-19-2005, 08:45 PM	#3
JonInMiddleGA Hall Of Famer Join Date: Nov 2000 Location: Behind Enemy Lines in Athens, GA	One of the most absurd jury verdicts I can recall, especially considering state law caps the punitive amount. __________________ "I lit another cigarette. Unless I specifically inform you to the contrary, I am always lighting another cigarette." - from a novel by Martin Amis

08-19-2005, 09:46 PM	#5
Flasch186 Coordinator Join Date: May 2002 Location: Jacksonville, FL	to quote the Scottish guy in the Rundown: "BOOM, SHACKALACKA!!" __________________ Jacksonville-florida-homes-for-sale Putting a New Spin on Real Estate! ----------------------------------------------------------- Commissioner of the USFL USFL

08-19-2005, 08:19 PM	#2
Masked College Starter Join Date: Sep 2002 Location: Bay Area	The $250 million will be thrown out.

08-19-2005, 10:32 PM	#6
Easy Mac Registered User Join Date: Nov 2001 Location: Here	They knowingly killed thousands of people and hid it, I don't really feel bad if they tank. And yes, this will get overturned for far less. Merck says they'll fight each and every one, but in reality, maybe 400-600 will go to trial (of which maybe 2% will be awarded over $250K) and thousands more will be settled/class actioned. And those that are class actioned will bitch that they don't get enough money from the settlement because one person hit a jackpot once when in fact theres really nothing horribly wrong with the class action people. Sure, the have a few more medical issues, but most of them are non-life threatening. Their the ones who are screwed in the end because of all the tests they want to have that they can't afford, assuming that the payout will come. Not that I have any experience with that.

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