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The government awards contracts to companies with histories of misconduct such as contract fraud and environmental, ethics, and labor violations. In the absence of a centralized federal database listing instances of misconduct, the Project On Government Oversight (POGO) is providing such data. We believe that it will lead to improved contracting decisions and public access to information about how the government spends hundreds of billions of taxpayer money each year on goods and services. Report an instance of misconduct »

Merck & Co., Inc.

McDarby v. Merck (Vioxx Litigation)

Date: 04/11/2006 (Date of Verdict)

Misconduct Type: Health

Enforcement Agency: Non-Governmental

Contracting Party: None

Court Type: Civil

Amount: $4,500,000

Disposition: Judgment Against Defendant

Synopsis: John McDarby claimed he suffered a heart attack as a result of his use of the prescription pain medication Vioxx, which is manufactured by Merck. (Merck pulled Vioxx from the market in September 2004 after its own research showed the drug increased the risk of heart attack and stroke.) A New Jersey state court jury found in favor of McDarby and awarded $4.5 million in compensatory damages and $9 million in punitive damages plus $1.8 million in costs and attorneys' fees. The jury did not not award any damages to co-plaintiff Thomas Cona, who also blamed Vioxx for his heart attack, although they did find that Merck had committed consumer fraud against him by not publicizing Vioxx's potential risks and assessed $2.4 million in costs and attorneys' fees. On appeal, in May 2008, the Superior Court of New Jersey Appellate Division reversed all damages, fees and costs except McDarby's compensatory damages award.