Appeals Court Orders New Vioxx Trial Based on Juror Misconduct

SAN ANTONIO - A Texas appeals court has held that a Vioxx plaintiff carried her burden of showing that her husband's fatal heart attack was caused by Vioxx, but reversed a $7.75 million verdict in her favor after determining that juror misconduct may have led to the award. Merck & Co. Inc. v. Garza, No. 04-07-00234-CV (Texas 4th Ct. App.).

The Fourth Court of Appeals issued the decision Dec. 10, nearly six months after rendering a take-nothing judgment in favor of Vioxx manufacturer Merck & Co. In May, the appeals court ruled that Felicia Garza failed to prove her …