Judge to Plaintiff: Accept $1.6 Million Remittitur or Face New Trial

NEW ORLEANS - A federal judge who earlier vacated a $50 million jury award to a retired FBI agent for a non-fatal heart attack he blamed on his use of Vioxx has modified that ruling and ordered that the plaintiff accept a remittitur of $1.6 million or face a new trial. In Re: Vioxx Products Liability Litigation, MDL No. 1657; Barnett v. Merck & Co. Inc., No. 06-485 (E.D. La.).

Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana said June 5 that the remitted award would consist of $600,000 in compensatory damages and …