On 19th August 2005, a Texas jury awarded a widow $253.4m (£141m) after accepting that her husband had been killed by Vioxx, the drug manufactured by pharmaceutical giant Merck.

Vioxx is the trade name for rofecoxib which is a type of painkiller known as a Cox-2 inhibitor. It has been mostly used to provide pain relief for suffers of arthritis. Originally heralded as a breakthrough pain reliever, the drug appeared to eliminate side effects such as stomach problems which can be unwelcome effects of other pain killers.

However, in September 2004 Merck pulled Vioxx from the market after its own research showed that the drug could significantly increase the risk of patients suffering from a heart attack or a stroke.

In the recently decided case a widow claimed that Vioxx was responsible for her husbands death. The deceased, aged 59, who was a keen athlete, had been taking the drug for 8 months when he died of a heart arrhythmia in his sleep. Whilst Merck argued that the death was attributable to a pre existing heart condition, the jury agreed with his widow and awarded her massive damages which included a huge amount in punitive damages (although state laws limit the amount of damages that can be awarded and it is likely that the sum will be reduced on appeal).

It is estimated that around 20million people have taken Vioxx and that around 400,000 Britons have taken the drug. The recent ruling in the U.S. has the potential to pave the way for others who have suffered after taking Vioxx to seek action against Merck.

All eyes will be on two more cases to taking place in September in New Jersey and New Orleans. Arguably, if Merck loses these actions the financial impact will be great. The ruling in Texas coupled with adverse press has seen Merck's share prices fall. If Merck loses the next two cases some commentators advocate that the financial pressure may prompt the company to settle out of court.

Whilst most pharmaceutical companies maintain that pioneering new drugs is their main priority, there is no doubt that the industry is high risk and that the cost of developing new drugs is huge. Whatever the outcome the pharmaceutical industry in its entirety will have to seriously consider issues surrounding public safety.

Are you one of the 400,000 Britons in the UK who has taken Vioxx?

Have you or do you know any one who has taken Vioxx?

Have you:
a) taken Vioxx for more than 18 months?
b) had no other risk factors for heart attacks or strokes?

If you fit these criteria and you would like more information on making a claim for injury suffered as a result of taking this drug, then please contact us for free advice.