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Drug Maker Ordered To Pay Up

In a split verdict, Merck and Co. is ordered to pay $4.5 million to one plaintiff, while the other is awarded just $45. A jury in New Jersey found that Merck failed to warn both men that using the painkiller could lead to heart attacks and strokes. Thomas Cona, 60, became ill on a golf course after using the drug for nearly two years.

But the jury only awarded Cona $45 to compensate for the cost of the drug. This is the first trial where illnesses are blamed on long-term use of Vioxx. The jury found that Vioxx was a major factor in the heart attack of John McDarby, 77.

He is a diabetic who took the painkiller for four years. He experienced a heart attack that led to a broken hip. Jurors awarded McDarby $3 million for pain and suffering, while his wife received $1.5 million. The jury must still decide whether it will impose further punitive damages on Merck and Co.