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-   -   VIOXX $250-some million civil verdict (https://forums.operationsports.com/fofc//showthread.php?t=41885)

Galaxy 08-19-2005 08:08 PM

VIOXX $250-some million civil verdict
 
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.


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