updated 11/3/2005 11:09:54 AM ET 2005-11-03T16:09:54

Jury verdicts on the specific counts in Frederick Humeston et al v. Merck & Co. Inc.

Counts regarding failure to warn of Vioxx risks:

1. Did Merck fail to adequately warn physicians of the link between Vioxx and higher risks of heart attack and stroke, which it knew or should have known about before Frederick "Mike" Humeston's heart attack?

  • Jury: NO by an 8-1 vote.

Counts regarding failure to warn of Vioxx risks:

1. Did Merck commit consumer fraud "by using unconscionable commercial practices" when marketing Vioxx to physicians?

  • Jury: NO by a 9-0 vote.

2. Did Merck "make misrepresentations that had the capacity to mislead concerning the cardiovascular risk of Vioxx" while marketing Vioxx to physicians?

  • Jury: NO by a 9-0 vote.

3. Did Merck "intentionally suppress, conceal or omit material information about an association between Vioxx" and increased risk of heart attack and stroke?

  • Jury: NO by a 9-0 vote.

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