Merck says wins appeal on first Vioxx case

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The appeals court found Vioxx did not cause the death of Robert Ernst, Merck said. In a separate Vioxx ruling, a New Jersey court reversed awards of punitive damage and consumer fraud against the company, Merck said.

NEW YORK (Reuters) - Merck & Co <MRK.N> said on Thursday a Texas appeals court reversed a decision against the company in the first trial involving alleged injuries caused by its withdrawn Vioxx painkiller.

The appeals court found Vioxx did not cause the death of Robert Ernst, Merck said. In a separate Vioxx ruling, a New Jersey court reversed awards of punitive damage and consumer fraud against the company, Merck said.

Last November, Merck agreed to pay $4.85 billion to settle thousands of Vioxx claims. The drugmaker withdrew Vioxx from the market in 2004 after a study showed it increased the risk of heart attack and stroke.

(Reporting by Lewis Krauskopf, editing by Gerald E. McCormick)

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