After deliberating her personal injury case for 10 ½ hours over two days, a Texas jury awarded the widow of Robert Ernst $253.4 Million today. Rejecting defendant Merck & Co.’s argument that Mr. Ernst had clogged arteries that led to his heart attack, the jury found Merck responsible for his death. Mr. Ernst, a 59-year-old aerobics instructor and Wal-Mart produce manager, was taking Vioxx for pain when he suffered a fatal arrhythmia.

Mrs. Ernst’s lawsuit drew national attention from stock analysts, pharmaceutical companies, and consumers as a sign of what might lie ahead for Merck & Co., which is facing more than 4200 lawsuits over Vioxx in state and federal courts across the country. Vioxx was pulled from the market on September 29, 2004, after it was shown to cause heart attacks, strokes and sudden cardiac death in patients taking Vioxx.

Damages awarded to Mrs. Ernst include Mr. Ernst’s pay as a Wal-Mart manager, mental anguish, loss of companionship and punitive damages.

Source: Kristen Hays and Theresa Agovino, “Jury awards widow $253.4M in Vioxx trial,” BusinessWeek Online, August 19, 2005.