Victory for Merck in Louisiana Vioxx Case

A federal jury handed Merck & Co. a major victory Friday, clearing the drug maker of responsibility in the death of a 53-year-old Florida man who had a heart attack after taking its once-popular painkiller Vioxx for less than a month.

This was the second court victory for Merck in a Vioxx case and the first in a federal court. The company had argued in this case that the plaintiff’s lawyers had not proved any link between the drug and a heart attack that Richard “Dickey” Irvin suffered in 2001. Merck’s lawyers contended that Irvin’s age, gender and diet all put him at risk for heart attacks.

It was the second time a jury heard the case brought by Irvin’s family. Late last year, a jury in Houston, where the case had been moved because of damage in New Orleans from Hurricane Katrina, was unable to reach a verdict.

In other Vioxx cases last year, Merck won a state trial in New Jersey and lost one in Texas.

Irvin’s widow, Evelyn Irvin Plunkett; the youngest of their three daughters, Ashley Irvin; and their son, Richard Irvin III, testified that Irvin’s health had been excellent up to his heart attack.

Phil Beck, a lawyer for Merck, said he believed the verdict indicated that the jury found “that the Merck scientists lived up to their legal and ethical responsibilities when manufacturing and marketing Vioxx and making the decision to take Vioxx off the market.”

Shares of Merck rose about 90 cents in after-hours trading. They had closed up 7 cents to $36.05 in regular trading.

The jury deliberated three hours and 40 minutes, the shortest discussion by jurors in the four Vioxx cases .

Observers said Merck would face more formidable cases this year against plaintiffs who took Vioxx for 18 months or longer. Merck removed Vioxx from the market after a study showed it doubled the risk of heart attacks and strokes after 18 months of use.