In the latest New Jersey Vioxx trial, the jurors rendered a verdict in favor of the plaintiff, Frederick “Mike” Humeston, who took Vioxx prior to his death. In this bifurcated preceding designed only to address Merck’s potential liability, the New Jersey state court jury found that Merck & Company failed to warn about the dangers associated with Vioxx in causing cardiovascular risks and complications. A second phase of the trial is expected to begin Monday in order to determine what compensatory damages, if any, should be awarded to Humeston’s family in connection with his heart attack and death while using Vioxx. The second phase will also address Merck’s conduct and decisions in manufacturing the dangerous drug and whether any punitive damages should be awarded.
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 again in 2019, he has also been called out as one of 10 Best Attorneys For Georgia by the American Institute Of Personal Injury Attorneys and a Top 100 Lawyer in Georgia by the National Trial Lawyers in 2019.