Stunning news. Merck verdict in NJ tossed due to new evidence.

In a stunning move today, Judge Carol Higbee has tossed the verdict reach last November in the NJ state court case that had been decided in favor of Merck on a short duration case that was widely trumpeted by the company as proof that short duration cases weren't viable to bring to trial.

Judge Higbee decided that revelations that Merck had purposely failed to disclose evidence that indicates a greater short term risk then previously disclosed was enough to warrant tossing the verdict and ordering a new trial with the new evidence being allowed.

This is a stunning set back for Merck in it's Vioxx litigation strategy coming as it does on the same day that a federal court case in New Orleans brought in a $51 million verdict, with $50 million in compensatory and $1 million in punitive damages. More details will follow but this is a major turn in the momentum on these cases.  

Posted on August 17, 2006 .