Thursday, April 13, 2006

Vioxx Verdict in NJ: A Juror speaks

From AP,, and Yahoo!:

Carla Tennyson was one of the jurors in the McDarby case. She has been reported as saying, that Merck has "an obligation to tell us the facts and let us decide if the risk was worth taking," she said. "That's all it is. For me, it was right from the beginning the label. They could've gotten a new label in 30 days, as soon as they realized there was a problem. They didn't."

Also, it should be noted that in New Jersey the punitive damages award might result in a criminal probe. That state requires that punitive damages cases be referred to the county prosecutor and the state Attorney General's Office for investigation into whether a criminal act was committed.

The statute is 2A:15-5.17. "Record referred for criminal investigation" and provides "Upon the conclusion of any action in which punitive damages have been awarded, the court shall refer the record of that action to the prosecutor of the county in which the case was tried and to the Attorney General for investigation as to whether a criminal act has been committed by the defendant."