The Witness Box

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

Wednesday, December 27, 2006

Vioxx damages reduced from $32 million to $7.75 million

The $32 million jury award in a Vioxx lawsuit to a woman who lost her retired, 71-year-old husband was reduced to $7.75 million to conform to Texas state law. Merck & Co. was originally ordered to pay $7 million in noneconomic damages and $25 million in punitive damages. Judge Alex Gabert, however, ordered the punitive damages reduced to $750,000 to conform to a 2003 Texas law. The law caps punitive damages at twice the amount of economic damages (lost pay) with a maximum of $750,000 in addition to noneconomic damages. Because the man was retired and was awarded no economic damages for lost wages, Merk & Co. was ordered to only pay the maximum award under Texas state law.

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