In the second federal Vioxx trial, a New Orleans jury awarded Gerald Barnett $51 million in compensatory and punitive damages after finding Vioxx contributed to his heart attack in July of 2002. The jury found Merck and Co., “knowingly misrepresented or failed to disclose information” about the drug to Barnett’s doctors. $50 million was given for compensatory damages and $1 million for punitive which are only awarded when a defendant has acted in a wanton, malicious, willful, or reckless disregard for the plaintiff’s rights and well-being. On the federal level, the score is now tied with one verdict in favor of Merck and one verdict for the Plaintiff.
A partner with Childers, Schlueter & Smith, LLC,, Brandon Smith has devoted his practice to pharmaceutical litigation, mass torts, products liability and serious personal injury. A frequent guest speaker at legal seminars all over the country—Brandon is focused on helping injured victims nationwide, however possible. Named a SuperLawyer in 2017, he has also been called out as one of 10 Best Attorneys For Georgia by the American Institute Of Personal Injury Attorneys.