$7 million Vioxx case sent back to Starr County court

A state appeals court has reversed its earlier decision and sent a landmark case against the makers of the painkiller Vioxx back to a Starr County court.

The San Antonio-based 4th Court of Appeals ruled Wednesday that juror misconduct inappropriately influenced the outcome of a 2006 trial, in which Rio Grande City resident Felicia Garza claimed the drug killed her 71-year-old husband.

The case could head back to Judge Alex W. Gabert's 229th state District Court for a second trial in as soon as six months, Starr County court officials said.

"We are disappointed with the court's opinion," New Jersey-based Merck & Co. Inc. said in a written statement. "But we are pleased that the court correctly ruled that jury misconduct occurred."

Jurors originally awarded the family of Leonel Garza Sr. $32 million after finding that Vioxx had caused his fatal coronary less than a month after he started taking the drug.

The award was later reduced to $7 million under a Texas law limiting damages and was then thrown out completely by a 4th Court of Appeals ruling in May.

At the time, the justices unanimously found that Felicia Garza's attorneys had not offered sufficient evidence to prove Vioxx caused the death of her husband, who had already suffered one heart attack before he began taking the drug and smoked until the day he died. She urged the court to reconsider its opinion.

In Wednesday's ruling, justices cited juror Jose Manuel Rios for failing to disclose that he borrowed $12,700 from Leonel Garza's widow and had spoken with her by phone the night before the trial began.

Despite admitting during the jury selection process that he knew Felicia Garza, Rios downplayed the extent of their relationship, the justices wrote in their opinion. He was selected from a jury pool made up almost entirely of people familiar with the prominent Starr County family.

The Garzas' attorney - David Hockema - did not return calls for comment Thursday.

Lawyers for Merck said they may appeal Wednesday's ruling to the Texas Supreme Court.

Merck halted sales of Vioxx in September 2004 after studies showed it significantly increased the risk of heart attacks and strokes. The move prompted a slew of lawsuits against the company, which has since settled all but four with a $4.85 billion payout to plaintiffs.

The Garza family was specifically excluded from the settlement.

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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.