The Vioxx trials exposes serious shortcomings in America’s products liability system. “. . . those aspects of Merck’s behavior that do appear to have been precipitated by the products liability system ““ their decision to pull the drug off the market for everyone ““ are troubling in the other direction. It may be that there are patients and physicians who would reasonably select Vioxx, even when fully informed, because their constellation of health problems and risk factors is such that the increased risks of cardiovascular disease does not undermine the reasonableness of taking the drug, all considered.

Third, the compensation of victims and the liability for Merck are rough justice in only the very roughest way. Mrs. Ernst, the only successful plaintiff so far, had just over $450,000 in actual lost income but managed to receive $24 million in non-pecuniary damages. Texas, unlike most jurisdictions, permits a surviving family member to ask the jury for two separate sums of money relating to non-pecuniary loss ““ one that supposedly represents the value of loss of companionship, and one that supposedly represents compensation for grief. The jury conveniently awarded $12 million for each. Mrs. Ernst had been married to her husband for less than one year. There is nothing reasonable about this compensation, which will make Mrs. Ernst an extremely rich woman.” (via In the Pipeline)