Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  



Vioxx guesswork, times billions

AEI's Jack Calfee:

The jury simply had no way to determine whether the plaintiff (77-year-old coronary artery disease and diabetes sufferer John McDarby) would have had a heart attack if he had used a different pain reliever. Relying on an unpredictable mix of intuition and emotion, the jury simply guessed....

Analysts expect tens of thousands of cases roughly similar to Mr. McDarby's. Juries will continue to guess at the central issues, getting it wrong as often as right but charging Merck $10 million or $20 million or $40 million every time they're wrong. A thousand mistakes is $10 billion to $40 billion. And a lot of states make it easier than New Jersey does to award punitive damages.

(via sister site Medical Progress Today)



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.