Texas High Court Overturns Vioxx Award

AUSTIN, Texas - The Texas Supreme Court has overturned a $7.75 million Vioxx award, ruling that the plaintiff did not present sufficiently reliable evidence that the painkiller caused a Texas man's heart attack. Merck & Co. v. Garza, No. 09-0073 (Texas Sup. Ct.).

In an Aug. 26 opinion authored by Justice Nathan L. Hecht, the panel ruled that plaintiffs' evidence did not meet the causation requirements set forth in Merrell Dow Pharmaceuticals Inc. v. Havner (953 S.W.2d 706 [Tex. 1997]).

Felicia Garza sued Merck following her husband's April 2001 heart attack, which she blamed on Vioxx prescribed by his cardiologist …