Jury checklist as part of the verdict |
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Published
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Tue, 27 Mar 2007 21:57
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(AP) - A Madison County jury Tuesday sided with Merck & Co. in a widower's lawsuit blaming Merck's former blockbuster painkiller Vioxx in the 2003 death of the man's obese 52-year-old wife, Patty Schwaller. The suit accused Merck of not adequately warning consumers that Vioxx increased the risk of heart attacks and strokes among some patients.As part of that verdict, jurors answered a required, six-question checklist as follows:--QUESTION: At the time Mrs. Schwaller was taking Vioxx, did Merck know, or in the exercise of ordinary care, should Merck have known, about the alleged dangers of Vioxx to patients like Mrs. Schwaller? ANSWER: Yes.--QUESTION: Did Merck fail to adequately warn (Schwaller's physician, Dr. Tibor Kopjas) about the alleged dangers of Vioxx to patients like Mrs. Schwaller? ANSWER: No.--QUESTION: Did Merck's alleged failure to adequately warn Dr. Kopjas make Vioxx unreasonably dangerous to patients like Mrs. Schwaller? ANSWER: No.--QUESTION: During the time he prescribed Vioxx to Mrs. Schwaller, did Dr. Kopjas know of the dangers of Vioxx to patients like Mrs. Schwaller? ANSWER: Yes.--QUESTION: Was Merck's alleged failure to adequately warn Dr. Kopjas of the dangers of Vioxx to patients like Mrs. Schwaller a proximate cause of her death? ANSWER: No.--QUESTION: Was Mrs. Schwaller's use of Vioxx a proximate cause of her death? ANSWER: No.Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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