VIOXX ISSUES

Lauren Ellerman

Contributor

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Please don't think that when a jury awards $13,000,000 to a family in a Vioxx suit, that the defense walks across the Court room with a check! What actually happens in large pharm cases, or any product case, is that the jury award is just the beginning with appeals.

Yesterday, both Texas and New Jersey courts threw out jury awards in Vioxx cases. Why? Well - there are a few reasons. One court held there was not sufficient evidence to support the jury's finding. The other held that Federal law trumped state law - and that under federal law, when a medication is approved by federal regulators at the FDA - punitive damages are not available.

Let this be a reminder - that while our justice system is "independent" and you may have access to a jury of your peers - the legislative branch holds the keys to the kingdom. If federal law says you can't sue because a drug was approved by the FDA.... well, good luck convincing a local judge or jury that federal law shouldn't apply!