Merck & Co. suffered two setbacks Thursday in litigation over its withdrawn painkiller Vioxx, with a Newport Beach product-safety lawyer playing a lead role in one of those losses.
In New Orleans, a federal jury ordered Merck to pay $51 million to a health-conscious retired FBI agent who suffered a heart attack at age 58 after taking the blockbuster drug for about 2 1/2 years.
In New Jersey, a state Superior Court judge overturned a November verdict in favor of Merck and ordered a new trial, after finding that the company had withheld information that showed heart attacks could occur with the use of Vioxx for fewer than 18 months.
The jury in the New Orleans case found that Merck had "knowingly misrepresented or failed to disclose" information about the drug's risks to physicians who treated Gerald Barnett.
That victory, trial lawyers said, is vintage Mark P. Robinson Jr., the Orange County lawyer who represented the former FBI agent. Although it was Robinson's first Vioxx trial, those who have followed his career were not surprised he won it.
"He is legendary," said Trent Miracle, a product-safety lawyer and partner at SimmonsCooper in southern Illinois.
Merck called the verdict and the amount of damages "totally uncalled for" and said it would appeal.
Its shares fell $2.35, or 6%, to $38.83. The company faces more than 16,000 Vioxx lawsuits in state and federal courts.
The company has won three state court Vioxx trials, excluding the verdict thrown out Thursday, in New Jersey and California. It has lost four.
Merck's loss Thursday was the first in federal court, the company's preferred litigation venue. Merck won an earlier federal court trial, and another ended in mistrial after one juror reportedly refused to vote with the other eight in favor of the company.
The company's loss Thursday may have come as a surprise to some, said Peter Bicks, a partner at Orrick, Herrington & Sutcliffe in New York who has been tracking the litigation.
"Given the strength of Merck's trial team and the recent string of victories, I think most people were anticipating a Merck win," he said.
Members of the plaintiffs' bar were eager for Robinson to take a run at Merck, Miracle said.
"We were pretty happy to see that he was going to be getting the next crack at one of these cases in the federal court," he said. "He is one of these guys who can really captivate a jury."
