(May 14, 2008)--A Texas appeals court Wednesday overturned a multimillion-dollar verdict against Merck in a case over its withdrawn painkiller Vioxx.
A Texas jury awarded the widow of 71-year-old Leonel Garza $32 million in April 2006, but the award was later reduced to about $7.75 million under the state’s damage cap.
The Texas 4th Court of Appeals ruled Wednesday the Garza family did not prove that his history of heart disease could -not- have been the cause of his fatal heart attack.
Garza died in 2001 after taking Vioxx for less than one month.
New Jersey-based Merck could not immediately say what arguments their attorneys had made in support of the appeal.
During the trial in Rio Grande City, Merck lawyers argued that Graza's heart attack was the end result of his 23 years of heart disease.
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