N.J. Court Overturns Awards of Punitive Damages, Fees to Vioxx Plaintiffs

TRENTON, N.J. - In two Vioxx cases, a New Jersey appellate court today upheld an award of $4.496 million in compensatory damages but reversed awards of $3.9 million in attorneys' fees and $9 million in punitive damages. John McDarby, et ux. v. Merck & Co. Inc., No. A-0076-07T1 and Thomas Cona, et ux. v. Merck & Co. Inc., No. A-0077-07T1 (N.J. Super., App. Div.).

The panel, led by Judge Edith K. Payne, determined that the failure-to-warn claim brought under the New Jersey Product Liability Act (PLA) is not preempted and that there was no reversible error in connection with that …