Federal Judge in Houston declared a mistrial in the third Vioxx lawsuit after debates dragged on for 18 hours last week among the panel of nine jurors and was failed to arrive at a decision.
The lawsuit was filed by Evelyn Irvin Plunkett, wife of the victim, late Richard “Dicky” Irvin, who reportedly died in May 2001 after taking the painkiller Vioxx manufactured by Merck for a period of less than a month.
Whereas the drug maker claimed that heart risks occur only after a person has taken the drug for 18 months.
Though, the case was the first trail of Vioxx to be held in federal court, just two of the nine jurors voted in favor of Merck. Moreover, in federal litigations verdict should be unanimous.
The US District Judge Fallon said: “It has now been a reasonable time. We cannot get a verdict.” The case may be retried next year in New Orleans, feel the lawyers.
In the previous two lawsuits Merck has lost one and also the second lawsuit has decided in favor of Merck