Jury Questions in Merck Vioxx Trial

JURY QUESTIONS
Ten of the 12 jurors had to answer the following questions in order to reach a verdict. The jury's decision was unanimous.:

• 1. Was there a defect in the marketing of Vioxx at the time it left the possession of Merck & Co., Inc., that was a producing cause of the death of Bob Ernst?
Answer: Yes

• 2. Was there a design defect in Vioxx at the time it left the possession of Merck & Co., Inc. that was a producing cause of the death of Bob Ernst?
Answer: Yes

• 3. Did the negligence, if any, of Merck & Co. Inc., proximately cause the death of Bob Ernst?
Answer: Yes

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If jurors answer "yes" to questions No. 1, 2 or 3, then they must answer the following.

• 4. What sum of money, if paid now in cash, would fairly and reasonably compensate Carol Ernst for her damages, if any, resulting from the death of Bob Ernst?
Answer separately, in dollars and cents, for damages, if any.

• a. Pecuniary loss sustained in the past: $100,000

• b. Pecuniary loss that, in reasonable probability, will be sustained in the future: $350,000

• c. Loss of companionship and society sustained in the past: $2 million

• d. Loss of companionship and society that, in reasonable probability, will be sustained in the future. $10 million

• e. Mental anguish sustained in the past. $2 million

• f. Mental anguish that, in reasonable probability, will be sustained in the future: $10 million

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If jurors answer "yes" to questions No. 1, 2 or 3 and have inserted a sum of money in answer to question No. 4, then jurors will answer the following.

• 5. Do you find by clear and convincing evidence that the harm to Bob Ernst resulted from malice attributable to Merck & Co., Inc.?
Answer: Yes

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If jurors answer "yes" to question No. 5, then they will answer the following question.
• 6. What sum of money, if any, should be assessed against Merck & Co. Inc. and awarded to Carol Ernst as exemplary damages for the death of Bob Ernst?
$229 million.