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McDARBY v. MERCK & CO., INC.

No. A-0076-07T1, A-0077-07T1

949 A.2d 223 (2008)

401 N.J. Super. 10

John McDARBY and Irma McDarby, husband and wife, Plaintiffs-Respondents, v. MERCK & CO., INC., Defendant-Appellant. Thomas Cona and Joyce Cona, Plaintiffs-Respondents, v. Merck & Co., Inc., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 2008.

Attorney(s) appearing for the Case

Douglas S. Eakeley argued the cause for appellant in both cases (Lowenstein Sandler, attorneys; Mr. Eakeley, Michael Dore and Alan S. Modlinger, Roseland, on the brief).

Ellen Relkin, New York, NY, argued the cause for respondents John and Irma McDarby (Weitz & Luxenberg, attorneys; George W. Conk, South Orange, of counsel, Ms. Relkin and Stephen J. Riegel, New York, NY, on the brief).

Evan M. Janush (The Lanier Law Firm) of the New York bar, admitted pro hac vice, argued the cause for respondents Thomas and Joyce Cona (The Lanier Law Firm, attorneys; W. Mark Lanier, Mr. Janush, and Richard D. Meadow, Houston, TX, on the brief).

Before Judges AXELRAD, PAYNE and MESSANO.

The opinion of the Court was delivered by

PAYNE, J.A.D.

Defendant, Merck & Co., Inc., appeals from a $15.7 million judgment, awarding compensatory and punitive damages, as well as attorneys' fees and costs, to plaintiffs, John and Irma McDarby, on claims of product liability and consumer fraud arising from Merck's sale of the prescription drug Vioxx, as well as from a $2.27 million judgment awarding damages of $135 and the remainder as attorneys' fees...

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