Grossberg v. Merck


06/27/06 – 08/02/06


Stewart Grossberg used the pain reliever Vioxx for several years and suffered a heart attack. The plaintiff asserted that Merck put Vioxx on the market with inadequate testing, and Merck concealed from doctors Merck's knowledge that Vioxx, a Cox-2 inhibitor, would cause adverse vascular events, such as strokes and heart attacks.

The defense argued that heart disease is exceptionally common, and that Vioxx played no role in the plaintiff's heart attack. Instead, the plaintiff had many risk factors for heart disease, including his age, family history, lack of exercise, and high cholesterol.

According to the defense, the very people that the plaintiffs accuse of covering up the truth about Vioxx actually took the medicines themselves, because they believed it was safe.

The jury ruled for the defendant, finding that Merck was not negligent, did not fail to warn of a substantial danger, did not make a negligent misrepresentation, and did not intentionally fail to disclose an important fact to the plaintiff's doctor.


Found for the Defense



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