Texas Justice and the Industry's Image

01 Sep 2005

With its $253 million judgment against Merck & Co. Inc. (reduced to $26.1 million under Texas law), the jury "sent a message" about what it perceived as the pharmaceutical industry's culture of greed. Ironically Merck's liability gives it a rare opportunity to right the ship. But will industry's tarnished image impede the approval and use of Merck's most important upcoming product, the HPV vaccine Gardasil?

It would be tough to claim that the Texas jury's decision in favor of the woman who claimed her husband was killed by rofecoxib (Vioxx) reflected medical truth. But the fact that Robert Ernst probably didn't die of a heart attack—much less one that was caused by Vioxx—was beside the point. With its $253 million judgment against Merck & Co. Inc. (reduced to $26.1 million under Texas law), the jury "sent a message" about what it perceived as the pharmaceutical industry's culture of greed.

The industry is unlikely to hear that message: its executives simply don't believe it. Too often we've heard them dismiss...