N.J. Jury Enters Split Verdict in First Phase of Vioxx Trial

ATLANTIC CITY, N.J. - A New Jersey jury has found that Merck & Co. Inc. defrauded consumers and intentionally concealed information from physicians concerning cardiovascular risks of Vioxx, but determined that the company only failed to provide adequate warnings in one of the two cases being tried. Humeston v. Merck & Co. Inc., No. ATL-L-2272-03; Hermans Messerschmidt v. Merck & Co. Inc., No. ATL-L-5520-05 (N.J. Super. Ct., Atlantic Cty.).

The five-man, three-woman jury sitting in Atlantic County Superior Court returned the phase one verdict March 2 after approximately nine hours of deliberations over two days. The second phase of the …