John McDarby, age 77, and his wife recently obtained a $13.5 million verdict against the manufacturer of the prescription drug Vioxx from a New Jersey jury. The case, McDarby v. Merck & Co. Inc., was tried before the Honorable Judge Carol Higbee who has consolidated more than 6,000 cases throughout the country. The Atlantic County jury hearing the case also determined that Merck failed to adequately warn about increased cardiovascular risks associated with the Cox-2 painkiller.

McDarby, who is a retired insurance agent, suffered a heart attack after taking the medication for four years. His verdict contains $3 million for his pain and suffering, $1.5 million in damages to his wife and $9 million in punitive damages. Punitive damages are designed to punish a company for intentional and malicious wrongdoing.

McDarby is one of three Vioxx plaintiffs throughout the United States that have successfully obtained verdicts against the pharmaceutical giant. And, while Merck has also won other cases, "it is important to note that in each case where plaintiffs have prevailed, the jury has awarded punitive damages for Merck's conduct," said attorney B. Joseph Davis of the Law Offices of B. Joseph Davis in Muncie, Indiana. "There are more than 14,000 Vioxx cases filed throughout the country," Davis adds. "Most are in New Jersey, others are in federal court in Louisiana and various state courts, such as California, Texas and Florida."