How the Vioxx Jury Voted

How the Vioxx jury voted

INQUIRER STAFF REPORT

Here are the jurors' votes on questions posed by Judge Carol E. Higbee. At least seven of nine possible votes on each question were required to find in favor of the plaintiff.

Failure-to-Warn Law

Did Merck fail to provide an adequate warning to prescribing physicians of an association between Vioxx and an increased risk of serious cardiovascular events that the defendant either knew or should have known about prior to Mr. Humeston's heart attack?

YES: 1
NO: 8

Consumer Fraud Law

Did Merck commit consumer fraud by using unconscionable commercial practices when marketing Vioxx to prescribing physicians?

YES: 0
NO: 9

Did Merck make misrepresentations that had the capacity to mislead concerning the cardiovascular risk of VIOXX(r) while marketing the drug to prescribing physicians?

YES: 0
NO: 9

Did Merck intentionally suppress, conceal or omit material information about an association between Vioxx and an increased risk of cardiovascular events from prescribing physicians?

YES: 0
NO: 9