Appeals court overturns verdict in Vioxx case

TRENTON, N.J. -- A Texas appeals court on Wednesday overturned a multimillion-dollar verdict against Merck & Co. in a case involving its withdrawn painkiller Vioxx.

A Texas jury in April 2006 awarded the widow of 71-year-old Leonel Garza $32 million. That later was cut to about $7.75 million under Texas damage caps.

On Wednesday, the Texas 4th Court of Appeals overturned the verdict, ruling that Garza's family failed to provide evidence that Garza's long-standing heart disease could not have been the cause of his fatal heart attack in 2001. The opinion was signed by Justice Sandee Bryan Marion.

Garza died of a heart attack after taking Vioxx for less than a month.

During the trial in Harlingen, Texas, Merck lawyers argued that Garza's heart attack was the end result of his 23 years of heart disease.

"Today's decision reaffirms that there is simply no reliable scientific evidence that Vioxx caused Mr. Garza's heart attack," Ted Mayer, Merck's outside legal counsel, said in a statement.

After the trial, a juror admitted borrowing thousands of dollars from Garza's widow, Felicia Garza, although that does not seem to have been a factor in Wednesday's appellate court decision.

Whitehouse Station, N.J.-based Merck pulled Vioxx from the market in September 2004 after research showed the painkiller doubled risk of heart attacks and strokes. That triggered an avalanche of lawsuits against Merck, which has a $4.85 billion settlement pending to end the bulk of the personal injury suits.

Merck shares rose 70 cents, or 1.8 percent, to $39.87 in afternoon trading Wednesday. Shares have traded between $36.80 and $61.62 over the past 52 weeks.

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