Merck Appeals Ernst Judgment from First-Ever Vioxx Trial

WHITEHOUSE STATION, N.J. - Merck & Co. Inc. is appealing a Texas state court's judgment that awarded plaintiffs $26.1 million in damages in the first-ever Vioxx trial, stating that there was insufficient evidence that the arthritis drug caused a 59-year-old man's fatal heart attack. Ernst, et al. v. Merck & Co. Inc., et al., No. 19961*BH02 (Texas 23rd Dist. Ct., Brazoria Cty.).

Merck filed the notice of appeal Sept. 18 and has posted a bond to cover the drug manufacturer's potential liability, as required by Texas law, according to a company statement.

'Among several independent grounds for reversal, the company …