The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Sunday, September 25, 2005

Chicago Injury Blawg post on Vioxx

Chicago injury blawg, http://www.chicagoinjurylawblog.com/vioxx-98-vioxx-verdict-is-justice-not-a-jackpot.html, has an interesting post on the punitive (or lack of punitive) effect of the Vioxx decision on Merck. In this post, William Pintas, a injury attorney, reports that the the Vioxx award is far from a jackpot award. He states that due to tort reform in Texas, the award will be reduced to around $1.6 million. He says that this amount is equal to about a $30 fine for the average household.

However, the direct effect of the award of $1.6 million on Merck is even LESS than a $30 ticket on an average household!

As economists we are asked to do these types of punitive damage analyses all the time. Based on Merck’s 2004 earnings of about $17 billion a year, the $1.6 million fine on Merck is equal to about a fine of about $3.17 for a household earning $35,000 a year. So all else equal, the punitive effect is even less.

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