On June 20, 2007, Gerald Barnett accepted a product liability settlement amounting to $1.6 million in punitive and compensatory damages from Vioxx maker Merck & Co. Barnett said the company’s painkiller caused a 2002 heart attack.

In August 2006, a jury awarded Barnett $50 million in the Vioxx lawsuit, but United States District Judge Eldon Fallon found the award excessive and reduced the award to $1.6 million. Barnett’s decision cancels a trial on damages that was set for October 29, 2007.

A lawyer for Merck & Co. has said the company will appeal any final ruling because it does not believe Vioxx is responsible for Barnett’s heart attack.

Source: “Vioxx plaintiff takes $1.6M rather than retry on damages,” The Gimes-Picayune, June 21, 2007.