DON'T DO THE MATH.(The Talk of the Town)(Merck and Company Inc.'s Vioxx)

Publication: The New Yorker

Publication Date: 24-JAN-05

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COPYRIGHT 2005 All rights reserved. Reproduced by permission of The Condé Nast Publications Inc.

In the business world, bad news is usually good news--for somebody else. Ever since Merck announced, this past fall, that the pain reliever Vioxx could be linked to an increased risk of strokes or heart attacks, ads from lawyers trolling for potential plaintiffs ("Hire a Texas Vioxx lawyer," "Vioxx injury claims") have become ubiquitous on the Internet and cable television. Merck is already defending itself against almost five hundred lawsuits, and the number is expected to soar in the next few months. One Wall Street analyst has estimated that the company could face a total bill of more than fifty billion dollars. The impending parade of jury verdicts and out-of-court settlements may render a kind of rough justice. But you may not realize just how rough.

In recent years, juries have become more willing to punish corporate offenders by issuing immense damage...

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